Transcription of CHAPTER 7 - MISCELLANEOUS MATTERS I. …
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CHAPTER 7 - MISCELLANEOUS MATTERS I. …
CIRCUIT COURT CLERKS MANUAL - criminal MISCELLANEOUS MATTERS PAGE 7-1 Office of the Executive Secretary Department of Judicial Services Rev: 7/18 CHAPTER 7 - MISCELLANEOUS MATTERS I. SEARCH WARRANTS The Code of Virginia provides for the issuance of search warrants upon a sworn complaint supported by an affidavit. A search warrant may be issued by any judge, magistrate, or other person having authority to issue criminal warrants if the complaint and affidavit show probable cause for the issuance of such search warrant. Va. Code Although clerks are authorized to issue search warrants, the clerk should not do so without having had thorough training in making probable cause determinations and in issuing search warrants. Magistrates issue almost all search warrants in Virginia. Every search warrant shall be directed to (i) the sheriff, sergeant, or any policeman of the county, city or town in which the place to be searched is located, (ii) any law-enforcement officer or agent employed by the Commonwealth and vested with the powers of sheriffs and police, or (iii) jointly to any such sheriff, sergeant, policeman or law-enforcement officer or agent and an agent, special agent or officer of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and
CIRCUIT COURT CLERKS’ MANUAL - CRIMINAL MISCELLANEOUS MATTERS PAGE 7-2 Office of the Executive Secretary Department of Judicial Services Rev: 7/18 Step 2 (cont’d) Comments: The same index is used for executed search warrants that are filed with the affidavits on which they are based.
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