Virginia Code 3.2-6568: Power of search for violations of statutes against cruelty to animals.
When an affidavit is made under oath before a magistrate or court of competent jurisdiction by any animal control officer, humane investigator, law-enforcement officer, or State Veterinarian‘s representative that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been, are being, or are about to be violated in any particular building or place, such magistrate or judge, if satisfied that there is reasonable cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff, or police officer to search the building or place. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the animal control officer, humane investigator, law-enforcement officer, or State Veterinarian’s representative shall return the warrant to the clerk of the circuit court of the city or county wherein the search was made.
Terms Used In Virginia Code 3.2-6568
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
- Animal control officer: means a person appointed as an animal control officer or deputy animal control officer as provided in § Virginia Code 3.2-6500
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Humane: means any action taken in consideration of and with the intent to provide for the animal's health and well-being. See Virginia Code 3.2-6500
- Humane investigator: means a person who has been appointed by a circuit court as a humane investigator as provided in § Virginia Code 3.2-6500
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law-enforcement officer: means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. See Virginia Code 3.2-6500
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- State Veterinarian: means the veterinarian employed by the Commissioner as provided in § Virginia Code 3.2-5900
1984, c. 492, § 29-213.82; 1986, c. 362; 1987, c. 488, § 3.1-796.113; 1994, c. 168; 1998, c. 817; 2008, cc. 543, 707, 860; 2014, c. 354.