2006 Code of Virginia § 19.2-81 - Arrest without warrant authorized in certain cases

19.2-81. Arrest without warrant authorized in certain cases.

The following officers shall have the powers of arrest as provided in thissection:

1. Members of the State Police force of the Commonwealth;

2. Sheriffs of the various counties and cities, and their deputies;

3. Members of any county police force or any duly constituted police force ofany city or town of the Commonwealth;

4. The Commissioner, members and employees of the Marine Resources Commissiongranted the power of arrest pursuant to 28.2-900;

5. Regular game wardens appointed pursuant to 29.1-200;

6. United States Coast Guard and United States Coast Guard Reservecommissioned, warrant, and petty officers authorized under 29.1-205 to makearrests;

7. The special policemen of the counties as provided by 15.2-1737, providedsuch officers are in uniform, or displaying a badge of office; and

8. Conservation officers appointed pursuant to 10.1-115.

Such officers may arrest, without a warrant, any person who commits any crimein the presence of the officer and any person whom he has reasonable groundsor probable cause to suspect of having committed a felony not in his presence.

Any such officer may arrest without a warrant any person whom the officer hasprobable cause to suspect of operating a watercraft or motor boat (i) whileintoxicated in violation of subsection B of 29.1-738 or (ii) in violationof an order issued pursuant to 29.1-738.4, in his presence, and maythereafter transfer custody of the person suspected of the violation toanother officer, who may obtain a warrant based upon statements made to himby the arresting officer.

Any such officer may, at the scene of any accident involving a motor vehicle,watercraft as defined in 29.1-712 or motorboat, or at any hospital ormedical facility to which any person involved in such accident has beentransported, or in the apprehension of any person charged with the theft ofany motor vehicle, on any of the highways or waters of the Commonwealth, uponreasonable grounds to believe, based upon personal investigation, includinginformation obtained from eyewitnesses, that a crime has been committed byany person then and there present, apprehend such person without a warrant ofarrest. In addition, such officer may, within three hours of the occurrenceof any such accident involving a motor vehicle, arrest without a warrant atany location any person whom the officer has probable cause to suspect ofdriving or operating such motor vehicle while intoxicated in violation of 18.2-266, 18.2-266.1, 46.2-341.24, or a substantially similar ordinance ofany county, city, or town in the Commonwealth.

Such officers may arrest, without a warrant or a capias, persons duly chargedwith a crime in another jurisdiction upon receipt of a photocopy of a warrantor a capias, telegram, computer printout, facsimile printout, a radio,telephone or teletype message, in which photocopy of a warrant, telegram,computer printout, facsimile printout, radio, telephone or teletype messageshall be given the name or a reasonably accurate description of such personwanted and the crime alleged.

Such officers may arrest, without a warrant or a capias, for an allegedmisdemeanor not committed in his presence when the officer receives a radiomessage from his department or other law-enforcement agency within theCommonwealth that a warrant or capias for such offense is on file.

Such officers may also arrest without a warrant for an alleged misdemeanornot committed in their presence involving (i) shoplifting in violation of 18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon onschool property in violation of 18.2-308.1, (iii) assault and battery, (iv)brandishing a firearm in violation of 18.2-282, or (v) destruction ofproperty in violation of 18.2-137, when such property is located onpremises used for business or commercial purposes, or a similar localordinance, when any such arrest is based on probable cause upon reasonablecomplaint of the person who observed the alleged offense. The arrestingofficer may issue a summons to any person arrested under this section for amisdemeanor violation involving shoplifting.

(Code 1950, 19.1-100; 1960, c. 366; 1974, c. 241; 1975, c. 495; 1976, cc.515, 570; 1977, c. 97; 1979, c. 268; 1982, c. 272; 1983, c. 206; 1984, c.534; 1985, c. 507; 1988, cc. 353, 744, 752, 853; 1989, c. 726; 1990, cc. 635,744, 784; 1995, c. 465; 1996, cc. 866, 929, 1015; 1998, c. 684; 2004, c. 949;2005, cc. 88, 435.)


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