40.1-49.12 - Review by courts. - Virginia Statutes

§ 40.1-49.12. Review by courts.

A. No court of the Commonwealth shall have jurisdiction to hear a challengeto the warrant prior to its return to the issuing judge, except as a defensein a contempt proceeding, unless the owner or custodian of the place to beinspected makes by affidavit a substantial preliminary showing accompanied byan offer of proof that (i) a false statement, knowingly and intentionally, orwith reckless disregard for the truth, was included by the affiant in hisaffidavit for the administrative search warrant and (ii) the false statementwas necessary to the finding of probable cause. The court shall conduct suchexpeditious in camera review as the court may deem appropriate.

B. After the warrant has been executed and returned to the issuing judge, thevalidity of the warrant may be reviewed either as a defense to any citationissued by the Commissioner or otherwise by declaratory judgment actionbrought in a circuit court. In any such action, the review shall be confinedto the face of the warrant and affidavits and supporting materials presentedto the issuing judge unless the employer whose workplace has been inspectedmakes by affidavit a substantial showing accompanied by an offer of proofthat (i) a false statement, knowingly and intentionally, or with recklessdisregard for the truth, was made in support of the warrant and (ii) thefalse statement was necessary to the finding of probable cause. The reviewingcourt shall not conduct a de novo determination of probable cause, but onlydetermine whether there is substantial evidence in the record supporting thedecision to issue the warrant.

(1987, c. 643.)