2006 Code of Virginia § 19.2-72 - When it may issue; what to recite and require

19.2-72. When it may issue; what to recite and require.

On complaint of a criminal offense to any officer authorized to issuecriminal warrants he shall examine on oath the complainant and any otherwitnesses, or when such officer shall suspect that an offense punishableotherwise than by a fine has been committed he may, without formal complaint,issue a summons for witnesses and shall examine such witnesses. If upon suchexamination such officer finds that there is probable cause to believe theaccused has committed an offense, such officer shall issue a warrant for hisarrest. The warrant shall (i) be directed to an appropriate officer orofficers, (ii) name the accused or, if his name is unknown, set forth adescription by which he can be identified with reasonable certainty, (iii)describe the offense charged with reasonable certainty, (iv) command that theaccused be arrested and brought before a court of appropriate jurisdiction inthe county, city or town in which the offense was allegedly committed, and(v) be signed by the issuing officer. The warrant shall require the officerto whom it is directed to summon such witnesses as shall be therein named toappear and give evidence on the examination. But in a city or town having apolice force, the warrant shall be directed "To any policeman, sheriff orhis deputy sheriff of such city (or town)," and shall be executed by thepoliceman, sheriff or his deputy sheriff into whose hands it shall come or bedelivered. A sheriff or his deputy may execute an arrest warrant throughoutthe county in which he serves and in any city surrounded thereby.

(Code 1950, 19.1-91; 1960, c. 366; 1975, c. 495; 1991, c. 420; 2000, c.170.)

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