Code of Virginia

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Code of Virginia
Title 52. Police (State)
Subtitle .
Chapter 4. Arrests by State Police
9/30/2022

Chapter 4. Arrests by State Police.

§ 52-20. Arrests without warrants in certain cases.

A. For the purposes of this section, "electronic communication" means the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information.

B. Members of the State Police force of the Commonwealth, provided such officers are in uniform or displaying a badge of office, may, at the scene of any motor vehicle accident or in the apprehension of any person charged with the theft of any motor vehicle on any of the highways of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present apprehend such person without a warrant of arrest. Such officers may arrest without a warrant persons duly charged with crime in another jurisdiction upon receipt of an electronic communication containing the name or a reasonably accurate description of such person wanted and the crime alleged.

1942, p. 481; Michie Code 1942, § 4827a; 1950, p. 888; 2022, c. 49.

§ 52-21. Procedure after arrest without warrant.

Except in the case of a violation of a provision of Title 46.2, in which case the officer making the arrest shall proceed as provided in § 46.2-936, the officer making the arrest shall forthwith bring the person so arrested before an officer authorized to issue criminal warrants in the county or city where the arrest is made. The officer before whom such person is brought shall proceed to examine the officer making the arrest. If the officer before whom such person is brought has reasonable grounds upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue such a warrant as might have been issued prior to the arrest of such person under the provisions of § 19.2-72. If such a warrant is issued the case shall thereafter be disposed of in like manner as though the warrant had been issued prior to the arrest. If such a warrant be not issued the person so arrested shall be released.

1942, p. 481; Michie Code 1942, § 4827a; 1960, c. 375; 1962, c. 22; 1982, c. 35.

§ 52-22. Arrests for violations of ordinances.

The Superintendent of State Police, his assistants, and the State troopers, patrolmen and police officers appointed by him, shall have authority to execute warrants of arrest for violations of ordinances of counties, cities and towns when requested so to do by the county, city or town authorities. Such arrests may be made upon information transmitted as provided in § 52-20, as well as in cases where the officer is in possession of the warrant.

The execution of any such warrant shall rest entirely in the discretion of the Superintendent and other officers who may be requested to execute the same, and no such officer shall execute the same in any case where it will in any way interfere with, delay or hinder him in the discharge of his official duties.

1947, p. 30; Michie Suppl. 1948, § 4827b.