Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3901 Authority to issue warrant; application of Federal Rule
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(a) A search warrant authorized by this chapter may be issued by a judge of a court of record, directed to a peace officer. (b) Rule 41 of the Federal Rules of Criminal Procedure shall apply to proceedings under this chapter.
5 V.I.C. § 3902 Grounds for issuance
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(1) A warrant may be issued to search for and seize any property upon any of the following grounds:(1) When the property was stolen or embezzled; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it …
5 V.I.C. § 3903 Persons authorized to serve search warrant
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A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
5 V.I.C. § 3904 Breaking doors or windows for entry or exit
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The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him …
5 V.I.C. § 3905 Disposition of property
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When the property is delivered to the judge, he must, if it was stolen or embezzled, dispose of it as provided in chapter 337 of this title. If it was taken on a warrant issued on the grounds stated in section 3902 of this title he must retain it in his possession, subject to the…
5 V.I.C. § 3906 Search of defendant at preliminary examination
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When a person charged with a felony is supposed by the judge, before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the judge may direct him to be searched in his presence, and the weapon or…
5 V.I.C. § 3910 Purpose; HIV testing; and inadmissibility of test results
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(a) For purposes of this chapter:(1) “HIV” means Human Immunodeficiency Virus identified as the causative agent of Acquired Immunodeficiency Syndrome (“AIDS”), a condition in which the body's immune system fails and life threatening illnesses develop.(2) “Sexual offense” means:(A…
5 V.I.C. § 3911 Post-conviction testing; notice to victim; request of victim; disclosure of test results; counseling and referral
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(a) In all cases in which a defendant has been convicted of a sexual offense, the prosecutor shall advise the victim of his right to request the testing of the convicted person's blood for the presence of HIV antibodies. To assist the victim of the sexual offense in determining w…
5 V.I.C. § 3912 Testing during incarceration and disclosure of HIV test results
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Except as otherwise requested by the victim, if the initial HIV test is conducted within the first two years of a convicted perpetrator's imprisonment, the request for disclosure is considered a standing request for any subsequent HIV test results obtained within two years after …