2006 Code of Virginia § 19.2-82 - Procedure upon arrest without warrant

19.2-82. Procedure upon arrest without warrant.

A. A person arrested without a warrant shall be brought forthwith before amagistrate or other issuing authority having jurisdiction who shall proceedto examine the officer making the arrest under oath. If the magistrate orother issuing authority having jurisdiction has lawful probable cause uponwhich to believe that a criminal offense has been committed, and that theperson arrested has committed such offense, he shall issue either a warrantunder the provisions of 19.2-72 or a summons under the provisions of 19.2-73.

As used in this section the term "brought before a magistrate or otherissuing authority having jurisdiction" shall include a personal appearancebefore such authority or any two-way electronic video and audio communicationmeeting the requirements of 19.2-3.1, in order that the accused and thearresting officer may simultaneously see and speak to such magistrate orauthority. If electronic means are used, any documents filed may betransmitted in accordance with 19.2-3.1.

If a warrant is issued the case shall thereafter be disposed of under theprovisions of 19.2-183 through 19.2-190, if the issuing officer is ajudge; under the provisions of 19.2-119 through 19.2-134, if the issuingofficer is a magistrate or other issuing officer having jurisdiction.

If such warrant or summons is not issued, the person so arrested shall bereleased.

B. A warrant may be issued pursuant to this section, where the person hasbeen arrested in accordance with 19.2-81.6, and the magistrate or otherissuing authority examines the officer making the arrest under oath, andfinds lawful probable cause to believe the arrested individual meets theconditions of clauses (i) and (ii) of 19.2-81.6. If such warrant is issued,it shall recite 19.2-81.6 and the applicable violation of federal criminallaw previously confirmed with the Bureau of Immigration and CustomsEnforcement. Upon the person being taken into federal custody, such statewarrant shall be dismissed. Any warrant issued under this subsection shallexpire within 72 hours, or when the person is taken into federal custody,whichever occurs first. Recurrent applications for a warrant under thissubsection shall not be permitted within a six-month period.

(Code 1950, 19.1-100.1; 1968, c. 639; 1975, c. 495; 1981, c. 382; 1983, c.564; 1984, c. 766; 1991, c. 41; 2002, c. 310; 2004, cc. 360, 412.)

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