Virginia law allows law enforcement to apply for a search warrant to install and use tracking devices on persons or objects. The application must be made in writing with an affidavit detailing the investigation and probable cause. The law specifies what constitutes a tracking device and limits its use to installation, maintenance, and monitoring, excluding interception of communications.
No, law enforcement must obtain a search warrant from a judicial officer before installing or using a tracking device, except in certain exigent circumstances.
Tracking devices include electronic or mechanical devices that remotely determine or track the position or movement of a person or object, including those storing geographic data or enabling real-time monitoring.
Yes, the law explicitly excludes the interception of wire, electronic, or oral communications from the definition of tracking device use.
The application must include the identity of the applicant, the law enforcement agency, the object to be tracked, and probable cause that the offense has been or will be committed.