Virginia Code Title 19.2. Criminal Procedure § 19.2-60. Motion for return of seized property and to suppress

A person aggrieved by an allegedly unlawful search or seizure may move the court to return any seized property and to suppress it for use as evidence.  The court shall receive evidence on any issue of fact necessary to the decision of the motion.  If the motion is granted by a court of record, any seized property shall be restored as soon as practicable unless otherwise subject to lawful detention, and such property shall not be admissible in evidence at any hearing or trial.  If the motion is granted by a court not of record, such property shall not be admissible in evidence at any hearing or trial before that court, but the ruling shall have no effect on any hearing or trial in a court of record.


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