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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 46.2-103 of the Code of Virginia, relating to stopping of vehicles by law-enforcement officers.
[H 187]
Approved

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-103 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-103. Stopping vehicles for inspection or to secure information.

Except as prohibited by § 19.2-59, on his request or signal, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may:

1. Stop any motor vehicle, trailer, or semitrailer to inspect its equipment, operation, manufacturer's serial or engine number; or

2. Stop any property-carrying motor vehicle, trailer, or semitrailer to inspect its contents or load or to obtain other necessary information.

Nothing in this section, however, shall be construed to authorize the establishment on any highway of police check-points where the only vehicles subject to inspection are motorcycles.

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§ 19.2-59. Search without warrant prohibited; when search without warrant lawful.

No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant, shall be guilty of malfeasance in office. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages. Any officer found guilty of a second offense under this section shall, upon conviction thereof, immediately forfeit his office, and such finding shall be deemed to create a vacancy in such office to be filled according to law.

Provided, however, that any officer empowered to enforce the game laws or marine fisheries laws as set forth in Title 28.2 may without a search warrant enter for the purpose of enforcing such laws, any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, Pullman car or freight car of any common carrier, or any boat, automobile or other vehicle; but nothing in this proviso contained shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat or any baggage, bag, trunk, box or other closed container without a search warrant.

(Code 1950, § 19.1-88; 1960, c. 366; 1975, c. 495; 1976, c. 293; 1978, c. 721; 1997, c. 147.)

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§ 46.2-103. Stopping vehicles for inspection or to secure information.

Except as prohibited by § 19.2-59, on his request or signal, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may:

1. Stop any motor vehicle, trailer, or semitrailer to inspect its equipment, operation, manufacturer's serial or engine number; or

2. Stop any property-carrying motor vehicle, trailer, or semitrailer to inspect its contents or load or to obtain other necessary information.

(Code 1950, § 46-16; 1958, c. 541, § 46.1-8; 1989, c. 727.)

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01/31/12 House: VOTE: PASSAGE #2 (85-Y 10-N)

YEAS--Albo, Alexander, Anderson, BaCote, Bell, Richard P., Bell, Robert B., Bulova, Byron, Carr, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Dance, Dudenhefer, Edmunds, Englin, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, James, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Landes, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McQuinn, Merricks, Miller, Minchew, Morefield, Morris, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Scott, J.M., Sherwood, Stolle, Surovell, Tata, Torian, Tyler, Villanueva, Ware, R.L., Watson, Watts, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--85.

NAYS--Brink, Hope, Kory, LeMunyon, Lopez, Morrissey, Plum, Sickles, Toscano, Ward--10.

ABSTENTIONS--0.

NOT VOTING--Crockett-Stark, Lewis, McClellan, Spruill, Ware, O.--5.

Delegate Crockett-Stark was recorded as not voting. Intended to vote yea.

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02/13/12 Senate: Passed Senate (40-Y 0-N)

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40.

NAYS--0.

RULE 36--0.

NOT VOTING--0.

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