Blow v. Commonwealth

Holding

After an undercover law-enforcement officer performed a controlled drug transaction with the defendant at a clothing store, officers obtained a warrant for his arrest and a search warrant for the store. Upon executing the warrant, officers discovered more marijuana and firearms inside the store. On appeal, the defendant contends that the evidence obtained from the search should have been suppressed because the officers violated Code § 19.2-56(B) by not giving him a copy of the search warrant and its supporting affidavit; the Court of Appeals disagreed. Because “the search warrant” in the first paragraph of the statute refers to a search warrant for a “place of abode,” it becomes clear that the requirement that officers give a copy of “the search warrant” as described in the second paragraph only applies to a search warrant for a “place of abode.” Therefore, the Court of Appeals was correct in concluding that the provision in the second paragraph does not apply to all search warrants generally and only applies to search warrants for a “place of abode.” Ultimately, the Court of Appeals was correct in holding that the provisions of Code § 19.2-56(B), in their entirety, only apply to a “place of abode” and do not apply to commercial premises, such as the one in which this defendant was found. Finding no error, the judgment of the Court of Appeals is affirmed.