Dye v. State

Nichols, Presiding Judge.

1. A search warrant issued by a justice of the peace is a “lawful process or order” as described in Code § 26-4401.(a) There is no statutory restriction prohibiting a justice of the peace from issuing a search warrant requiring the search of premises within the county but outside his district (see 79 CJS 855, Searches and Seizures, § 72b), and in the absence of such a restriction a search warrant may be issued by a justice of the peace for the search of any premises within the county wherein his district lies.(b) An indictment charging a defendant with obstructing…