40.1-49.11 - Conduct of inspection, testing, or collection of samples for analysis. - Virginia Statutes

§ 40.1-49.11. Conduct of inspection, testing, or collection of samples foranalysis.

No warrant shall be executed in the absence of the owner, operator or agentin charge of the particular place, things or persons unless specificallyauthorized by the issuing judicial officer upon showing that such authorityis reasonably necessary to effect the purposes of a law or regulation beingenforced. An entry pursuant to this warrant shall not be made forcibly,except that the issuing officer may expressly authorize a forcible entry (i)where facts are shown sufficient to create a reasonable suspicion of animmediate threat to an employee's health or safety, or (ii) where facts areshown establishing that reasonable attempts to serve a previous warrant havebeen unsuccessful. If forcible entry is authorized, the warrant shall beissued jointly to the Commissioner and to a law-enforcement officer who shallaccompany the Commissioner's representative during the execution.

(1987, c. 643.)