19.2-79 - Arrest by officers of other states of United States.

§ 19.2-79. Arrest by officers of other states of United States.

Any member of a duly organized state, county or municipal peace unit ofanother state of the United States who enters this Commonwealth in closepursuit, and continues within this Commonwealth in such close pursuit, of aperson in order to arrest him on the ground that he has committed a felony insuch other state shall have the same authority to arrest and hold in custodysuch person as members of a duly organized state, county or municipal peaceunit of this Commonwealth have to arrest and hold in custody a person on theground that he has committed a felony in this Commonwealth, if the state fromwhich such person has fled extends similar privileges to any member of a dulyorganized state, county or municipal peace unit of this Commonwealth.

If an arrest is made in this Commonwealth by an officer of another state inaccordance with the provisions of the first paragraph of this section, heshall without unnecessary delay take the person arrested before a judge of ageneral district court, or of the circuit court, of the county or city inwhich the arrest was made, who shall conduct a hearing for the purpose ofdetermining the lawfulness of the arrest. If the judge determines that thearrest was lawful he shall commit the person arrested to await for areasonable time the issuance of an extradition warrant by the Governor. Ifthe judge determines that the arrest was unlawful he shall discharge theperson arrested.

The first paragraph of this section shall not be construed so as to makeunlawful any arrest in this Commonwealth which would otherwise be lawful.

For the purpose of this section the word "State" shall include the Districtof Columbia.

(Code 1950, § 19.1-97; 1960, c. 366; 1975, c. 495.)