19.2-81 - Arrest without warrant authorized in certain cases.
§ 19.2-81. Arrest without warrant authorized in certain cases.
A. 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 conservation police officers 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;
8. Conservation officers appointed pursuant to § 10.1-115; and
9. Full-time sworn members of the enforcement division of the Department ofMotor Vehicles appointed pursuant to § 46.2-217.
B. Such officers may arrest, without a warrant, any person who commits anycrime in the presence of the officer and any person whom he has reasonablegrounds or probable cause to suspect of having committed a felony not in hispresence.
C. Any such officer may, at the scene of any accident involving a motorvehicle, watercraft as defined in § 29.1-712 or motorboat, or at any hospitalor medical 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. For purposes of this section, "the scene of any accident" shallinclude a reasonable location where a vehicle or person involved in anaccident has been moved at the direction of a law-enforcement officer tofacilitate the clearing of the highway or to ensure the safety of themotoring public.
D. Such officers may, within three hours of the alleged offense, arrestwithout a warrant at any location any person whom the officer has probablecause to suspect of driving or operating a motor vehicle, watercraft ormotorboat while intoxicated in violation of § 18.2-266, 18.2-266.1,46.2-341.24, or subsection B of § 29.1-738; or a substantially similarordinance of any county, city, or town in the Commonwealth, whether or notthe offense was committed in such officer's presence. Such officers may,within three hours of the alleged offense, arrest without a warrant at anylocation any person whom the officer has probable cause to suspect ofoperating a watercraft or motorboat in violation of an order issued pursuantto § 29.1-738.4, whether or not the offense was committed in such officer'spresence.
E. Such officers may arrest, without a warrant or a capias, persons dulycharged with a crime in another jurisdiction upon receipt of a photocopy of awarrant or a capias, telegram, computer printout, facsimile printout, aradio, telephone or teletype message, in which photocopy of a warrant,telegram, computer printout, facsimile printout, radio, telephone or teletypemessage shall be given the name or a reasonably accurate description of suchperson wanted and the crime alleged.
F. 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.
G. 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; 2008, cc. 460, 737; 2010, c. 840.)