{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-45.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-45.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-45.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-45.html"}],"law_id":60251,"edition_id":1,"section_id":60251,"structure_id":15720,"section_number":"19.2-45","catch_line":"Powers enumerated","history":"Code 1950, \u00a7 19.1-394; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1976, c. 471; 1977, c. 332; 1978, cc. 500, 605; 1985, c. 77; 2007, cc. 122, 373; 2008, cc. 551, 691; 2009, cc. 291, 344; 2018, c. 164.","full_text":"A magistrate shall have the following powers only:\n\n1\n\nTo issue process of arrest in accord with the provisions of §§ 19.2-71 to 19.2-82 of the Code;2\n\nTo issue search warrants in accord with the provisions of §§ 19.2-52 to 19.2-60 of the Code;3\n\nTo admit to bail or commit to jail all persons charged with offenses subject to the limitations of and in accord with general laws on bail;4\n\nThe same power to issue warrants and subpoenas as is conferred upon district courts and as limited by the provisions of §§ 19.2-71 through 19.2-82. A copy of all felony warrants issued at the request of a citizen shall be promptly delivered to the attorney for the Commonwealth for the county or city in which the warrant is returnable. Upon the request of the attorney for the Commonwealth, a copy of any misdemeanor warrant issued at the request of a citizen shall be delivered to the attorney for the Commonwealth for such county or city. All attachments, warrants and subpoenas shall be returnable before a district court;5\n\nTo issue civil warrants directed to the sheriff or constable of the county or city wherein the defendant resides, together with a copy thereof, requiring him to summon the person against whom the claim is, to appear before a district court on a certain day, not exceeding 30 days from the date thereof to answer such claim. If there be two or more defendants and any defendant resides outside the jurisdiction in which the warrant is issued, the summons for such defendant residing outside the jurisdiction may be directed to the sheriff of the county or city of his residence, and such warrant may be served and returned as provided in § 16.1-80;6\n\nTo administer oaths and take acknowledgments;7\n\nTo act as conservators of the peace;\n\t\t\t(8), (9) [Repealed.]10\n\nTo perform such other acts or functions specifically authorized by law.","order_by":null,"text":{"0":{"id":220342,"text":"A magistrate shall have the following powers only:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":220343,"text":"To issue process of arrest in accord with the provisions of §§ 19.2-71 to 19.2-82 of the Code;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":220344,"text":"To issue search warrants in accord with the provisions of §§ 19.2-52 to 19.2-60 of the Code;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":220345,"text":"To admit to bail or commit to jail all persons charged with offenses subject to the limitations of and in accord with general laws on bail;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":220346,"text":"The same power to issue warrants and subpoenas as is conferred upon district courts and as limited by the provisions of §§ 19.2-71 through 19.2-82. A copy of all felony warrants issued at the request of a citizen shall be promptly delivered to the attorney for the Commonwealth for the county or city in which the warrant is returnable. Upon the request of the attorney for the Commonwealth, a copy of any misdemeanor warrant issued at the request of a citizen shall be delivered to the attorney for the Commonwealth for such county or city. All attachments, warrants and subpoenas shall be returnable before a district court;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":220347,"text":"To issue civil warrants directed to the sheriff or constable of the county or city wherein the defendant resides, together with a copy thereof, requiring him to summon the person against whom the claim is, to appear before a district court on a certain day, not exceeding 30 days from the date thereof to answer such claim. If there be two or more defendants and any defendant resides outside the jurisdiction in which the warrant is issued, the summons for such defendant residing outside the jurisdiction may be directed to the sheriff of the county or city of his residence, and such warrant may be served and returned as provided in § 16.1-80;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":220348,"text":"To administer oaths and take acknowledgments;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":220349,"text":"To act as conservators of the peace;\n\t\t\t(8), (9) [Repealed.]","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"10"},"8":{"id":220350,"text":"To perform such other acts or functions specifically authorized by law.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"7"}},"ancestry":[{"id":15720,"edition_id":1,"name":"Jurisdiction and Powers","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13342,"metadata":{},"date_created":"2026-06-26 03:58:18","date_modified":"2026-06-26 03:58:18","permalink":{"id":170749,"object_type":"structure","relational_id":15720,"identifier":"5","token":"19.2\/3\/5","url":"\/19.2\/3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13342,"edition_id":1,"name":"Magistrates","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":170663,"object_type":"structure","relational_id":13342,"identifier":"3","token":"19.2\/3","url":"\/19.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64157,"structure_id":15720,"section_number":"19.2-44","catch_line":"Territorial jurisdiction","url":"\/19.2-44\/","token":"19.2\/3\/5\/19.2-44","metadata":false},{"id":83838,"structure_id":15720,"section_number":"19.2-44.1","catch_line":"Repealed","url":"\/19.2-44.1\/","token":"19.2\/3\/5\/19.2-44.1","metadata":false},{"id":60251,"structure_id":15720,"section_number":"19.2-45","catch_line":"Powers enumerated","url":"\/19.2-45\/","token":"19.2\/3\/5\/19.2-45","metadata":false}],"previous_section":{"id":83838,"structure_id":15720,"section_number":"19.2-44.1","catch_line":"Repealed","url":"\/19.2-44.1\/","token":"19.2\/3\/5\/19.2-44.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-45\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 545; in 1974, chapter 484; in 1975, chapter 495; in 1976, chapter 471; in 1977, chapter 332; in 1978, chapters 500 and 605; in 1985, chapter 77; in 2007, chapters 122<\/a> and 373<\/a>; in 2008, chapters 551<\/a> and 691<\/a>; in 2009, chapters 291<\/a> and 344<\/a>; in 2018, chapter 164<\/a>.<\/p>","references":false,"refers_to":[{"id":73585,"section_number":"16.1-80","catch_line":"Service of warrant and return thereof","order_by":null,"url":"\/16.1-80\/"},{"id":68842,"section_number":"19.2-52","catch_line":"When search warrant may issue","order_by":null,"url":"\/19.2-52\/"},{"id":59469,"section_number":"19.2-60","catch_line":"Motion for return of seized property and to suppress","order_by":null,"url":"\/19.2-60\/"},{"id":57792,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","order_by":null,"url":"\/19.2-71\/"},{"id":61276,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","order_by":null,"url":"\/19.2-82\/"}],"permalink":{"id":170759,"object_type":"law","relational_id":60251,"identifier":"19.2-45","token":"19.2\/3\/5\/19.2-45","url":"\/19.2-45\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-45\/","token":"19.2\/3\/5\/19.2-45","dublin_core":{"Title":"Powers enumerated","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-45","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A magistrate<\/span> shall have the following powers only:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To issue<\/span> process of arrest<\/span> in accord with the provisions of §§ 19.2-71<\/a> to 19.2-82<\/a> of the Code; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To issue<\/span> search warrants<\/span> in accord with the provisions of §§ 19.2-52<\/a> to 19.2-60<\/a> of the Code; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To admit to bail<\/span> or commit to jail all persons charged with offenses<\/span> subject to the limitations of and in accord with general laws<\/span> on bail<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The same power to issue<\/span> warrants and subpoenas<\/span> as is conferred upon district courts<\/span> and as limited by the provisions of §§ 19.2-71<\/a> through 19.2-82<\/a>. A copy of all felony<\/span> warrants issued at the request of a citizen shall be promptly delivered to the attorney for the Commonwealth for the county or city in which the warrant is returnable. Upon the request of the attorney for the Commonwealth, a copy of any misdemeanor<\/span> warrant issued at the request of a citizen shall be delivered to the attorney for the Commonwealth for such county or city. All attachments<\/span>, warrants and subpoenas<\/span> shall be returnable before a district court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To issue<\/span> civil warrants directed to the sheriff or constable of the county or city wherein the defendant<\/span> resides, together with a copy thereof, requiring him to summon the person against whom the claim is, to appear before a district court<\/span> on a certain day, not exceeding 30 days from the date thereof to answer such claim. If there be two or more defendants<\/span> and any defendant<\/span> resides outside the jurisdiction<\/span> in which the warrant is issued, the summons<\/span> for such defendant<\/span> residing outside the jurisdiction<\/span> may be directed to the sheriff of the county or city of his residence, and such warrant may be served and returned as provided in § 16.1-80<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To administer oaths<\/span> and take acknowledgments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To act as conservators of the peace;\n\t\t\t(8), (9) [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To perform such other acts or functions specifically authorized by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS ENUMERATED (\u00a7 19.2-45)\n\nA magistrate shall have the following powers only:\n\n1. To issue process of arrest in accord with the provisions of §§\n19.2-71 to 19.2-82 of the Code;\n\n2. To issue search warrants in accord with the provisions of §§\n19.2-52 to 19.2-60 of the Code;\n\n3. To admit to bail or commit to jail all persons charged with offenses subject\nto the limitations of and in accord with general laws on bail;\n\n4. The same power to issue warrants and subpoenas as is conferred upon district\ncourts and as limited by the provisions of §§ 19.2-71 through 19.2-82.\nA copy of all felony warrants issued at the request of a citizen shall be\npromptly delivered to the attorney for the Commonwealth for the county or city\nin which the warrant is returnable. Upon the request of the attorney for the\nCommonwealth, a copy of any misdemeanor warrant issued at the request of a\ncitizen shall be delivered to the attorney for the Commonwealth for such county\nor city. All attachments, warrants and subpoenas shall be returnable before a\ndistrict court;\n\n5. To issue civil warrants directed to the sheriff or constable of the county or\ncity wherein the defendant resides, together with a copy thereof, requiring him\nto summon the person against whom the claim is, to appear before a district\ncourt on a certain day, not exceeding 30 days from the date thereof to answer\nsuch claim. If there be two or more defendants and any defendant resides outside\nthe jurisdiction in which the warrant is issued, the summons for such defendant\nresiding outside the jurisdiction may be directed to the sheriff of the county\nor city of his residence, and such warrant may be served and returned as\nprovided in § 16.1-80;\n\n6. To administer oaths and take acknowledgments;\n\n7. To act as conservators of the peace;\n\t\t\t(8), (9) [Repealed.]\n\n10. To perform such other acts or functions specifically authorized by law.\n\nHISTORY: Code 1950, \u00a7 19.1-394; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1976,\nc. 471; 1977, c. 332; 1978, cc. 500, 605; 1985, c. 77; 2007, cc. 122, 373; 2008,\ncc. 551, 691; 2009, cc. 291, 344; 2018, c. 164.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}