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 Immigration and Customs Enforcement. Upon theperson being taken into federal custody, such state warrant shall bedismissed. Any warrant issued under this subsection shall expire within 72hours, or when the person is taken into federal custody, whichever occursfirst. Recurrent applications for a warrant under this subsection shall notbe permitted within a six-month period except where confirmation has beenreceived from Immigration and Customs Enforcement that the arrested personwill be taken into federal custody.
(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; 2009, c.669.)