A search warrant for records pertaining to a subscriber to an electronic communication service may be executed upon the service provider by which geographic scope?

A search warrant for records pertaining to a subscriber to an electronic communication service may be executed upon the service provider by which geographic scope?

• A. Within or without the Commonwealth
• B. Only within the Commonwealth
• C. Only outside the Commonwealth
• D. Only by federal authorities

Answer: (A)

Geographic reach for obtaining a service provider’s subscriber records isn’t limited to Virginia’s borders. When a warrant is issued to obtain records from an electronic communications service provider, the officer may obtain those records wherever the provider keeps or can access them, including outside the Commonwealth. This reflects the reality that digital data can reside across multiple jurisdictions, and the issuing authority’s power extends to compelling production regardless of the provider’s location, as long as the proper procedures are followed. That’s why the broad scope—within or without the Commonwealth—is the best choice. The other options unnecessarily restrict the warrant’s reach or incorrectly appoint federal authority as the sole source of power.

Geographic reach for obtaining a service provider’s subscriber records isn’t limited to Virginia’s borders. When a warrant is issued to obtain records from an electronic communications service provider, the officer may obtain those records wherever the provider keeps or can access them, including outside the Commonwealth. This reflects the reality that digital data can reside across multiple jurisdictions, and the issuing authority’s power extends to compelling production regardless of the provider’s location, as long as the proper procedures are followed.

That’s why the broad scope—within or without the Commonwealth—is the best choice. The other options unnecessarily restrict the warrant’s reach or incorrectly appoint federal authority as the sole source of power.