{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-72.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-72.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-72.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-72.html"}],"law_id":56060,"edition_id":1,"section_id":56060,"structure_id":13638,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","history":"Code 1950, \u00a7 19.1-91; 1960, c. 366; 1975, c. 495; 1991, c. 420; 2000, c. 170; 2007, c. 412; 2009, cc. 291, 344; 2010, c. 240; 2011, cc. 205, 223; 2013, c. 207; 2016, c. 204; 2021, Sp. Sess. I, cc. 524, 542; 2024, c. 809.","full_text":"On complaint of a criminal offense to any officer authorized to issue criminal warrants he shall examine on oath the complainant and any other witnesses, or when such officer shall suspect that an offense punishable otherwise than by a fine has been committed he may, without formal complaint, issue a summons for witnesses and shall examine such witnesses. A written complaint shall be required if the complainant is not a law-enforcement officer; however a written complaint is required for a felony offense, regardless of whether the complainant is a law-enforcement officer. If no arrest warrant is issued in response to a written complaint made by such complainant, the written complaint shall be returned to the complainant. If upon such examination such officer finds that there is probable cause to believe the accused has committed an offense, such officer shall issue a warrant for his arrest, except that no magistrate may issue an arrest warrant for a felony offense upon the basis of a complaint by a person other than a law-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a law-enforcement agency having jurisdiction over the alleged offense. The warrant shall (i) be directed to an appropriate officer or officers, (ii) name the accused or, if his name is unknown, set forth a description by which he can be identified with reasonable certainty, (iii) describe the offense charged with reasonable certainty, (iv) command that the accused be arrested and brought before a court of appropriate jurisdiction in the county, city or town in which the offense was allegedly committed, and (v) be signed by the issuing officer. If a warrant is issued for an offense in violation of any county, city, or town ordinance that is similar to any provision of this Code, the warrant shall reference the offense using both the citation corresponding to the county, city, or town ordinance and the specific provision of this Code. The warrant shall require the officer to whom it is directed to summon such witnesses as shall be therein named to appear and give evidence on the examination. But in a city or town having a police force, the warrant shall be directed “To any policeman, sheriff or his deputy sheriff of such city (or town),” and shall be executed by the policeman, sheriff or his deputy sheriff into whose hands it shall come or be delivered. A sheriff or his deputy may execute an arrest warrant throughout the county in which he serves and in any city or town surrounded thereby and effect an arrest in any city or town surrounded thereby as a result of a criminal act committed during the execution of such warrant. A jail officer as defined in \u00a7 53.1-1 employed at a regional jail or jail farm is authorized to execute a warrant of arrest upon an accused in his jail. The venue for the prosecution of such criminal act shall be the jurisdiction in which the offense occurred.","order_by":null,"text":{"0":{"id":205480,"text":"On complaint of a criminal offense to any officer authorized to issue criminal warrants he shall examine on oath the complainant and any other witnesses, or when such officer shall suspect that an offense punishable otherwise than by a fine has been committed he may, without formal complaint, issue a summons for witnesses and shall examine such witnesses. A written complaint shall be required if the complainant is not a law-enforcement officer; however a written complaint is required for a felony offense, regardless of whether the complainant is a law-enforcement officer. If no arrest warrant is issued in response to a written complaint made by such complainant, the written complaint shall be returned to the complainant. If upon such examination such officer finds that there is probable cause to believe the accused has committed an offense, such officer shall issue a warrant for his arrest, except that no magistrate may issue an arrest warrant for a felony offense upon the basis of a complaint by a person other than a law-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a law-enforcement agency having jurisdiction over the alleged offense. The warrant shall (i) be directed to an appropriate officer or officers, (ii) name the accused or, if his name is unknown, set forth a description by which he can be identified with reasonable certainty, (iii) describe the offense charged with reasonable certainty, (iv) command that the accused be arrested and brought before a court of appropriate jurisdiction in the county, city or town in which the offense was allegedly committed, and (v) be signed by the issuing officer. If a warrant is issued for an offense in violation of any county, city, or town ordinance that is similar to any provision of this Code, the warrant shall reference the offense using both the citation corresponding to the county, city, or town ordinance and the specific provision of this Code. The warrant shall require the officer to whom it is directed to summon such witnesses as shall be therein named to appear and give evidence on the examination. But in a city or town having a police force, the warrant shall be directed “To any policeman, sheriff or his deputy sheriff of such city (or town),” and shall be executed by the policeman, sheriff or his deputy sheriff into whose hands it shall come or be delivered. A sheriff or his deputy may execute an arrest warrant throughout the county in which he serves and in any city or town surrounded thereby and effect an arrest in any city or town surrounded thereby as a result of a criminal act committed during the execution of such warrant. A jail officer as defined in \u00a7 53.1-1 employed at a regional jail or jail farm is authorized to execute a warrant of arrest upon an accused in his jail. The venue for the prosecution of such criminal act shall be the jurisdiction in which the offense occurred.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13638,"edition_id":1,"name":"Arrest","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":170919,"object_type":"structure","relational_id":13638,"identifier":"7","token":"19.2\/7","url":"\/19.2\/7\/","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":57792,"structure_id":13638,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","url":"\/19.2-71\/","token":"19.2\/7\/19.2-71","metadata":false},{"id":56060,"structure_id":13638,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","url":"\/19.2-72\/","token":"19.2\/7\/19.2-72","metadata":false},{"id":62110,"structure_id":13638,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","url":"\/19.2-73\/","token":"19.2\/7\/19.2-73","metadata":false},{"id":70049,"structure_id":13638,"section_number":"19.2-73.1","catch_line":"Notice of issuance of warrant or summons; appearance; failure to appear","url":"\/19.2-73.1\/","token":"19.2\/7\/19.2-73.1","metadata":false},{"id":83253,"structure_id":13638,"section_number":"19.2-73.2","catch_line":"Law-enforcement officers to issue subpoenas; penalty","url":"\/19.2-73.2\/","token":"19.2\/7\/19.2-73.2","metadata":false},{"id":57508,"structure_id":13638,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","url":"\/19.2-74\/","token":"19.2\/7\/19.2-74","metadata":false},{"id":68524,"structure_id":13638,"section_number":"19.2-74.1","catch_line":"Repealed","url":"\/19.2-74.1\/","token":"19.2\/7\/19.2-74.1","metadata":false},{"id":79219,"structure_id":13638,"section_number":"19.2-75","catch_line":"Copy of process to be left with accused; exception","url":"\/19.2-75\/","token":"19.2\/7\/19.2-75","metadata":false},{"id":80529,"structure_id":13638,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","url":"\/19.2-76\/","token":"19.2\/7\/19.2-76","metadata":false},{"id":68951,"structure_id":13638,"section_number":"19.2-76.1","catch_line":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","url":"\/19.2-76.1\/","token":"19.2\/7\/19.2-76.1","metadata":false},{"id":66460,"structure_id":13638,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","url":"\/19.2-76.2\/","token":"19.2\/7\/19.2-76.2","metadata":false},{"id":83631,"structure_id":13638,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","url":"\/19.2-76.3\/","token":"19.2\/7\/19.2-76.3","metadata":false},{"id":61047,"structure_id":13638,"section_number":"19.2-77","catch_line":"Escape, flight and pursuit; arrest anywhere in Commonwealth","url":"\/19.2-77\/","token":"19.2\/7\/19.2-77","metadata":false},{"id":85927,"structure_id":13638,"section_number":"19.2-78","catch_line":"Uniform of officer making arrest","url":"\/19.2-78\/","token":"19.2\/7\/19.2-78","metadata":false},{"id":79468,"structure_id":13638,"section_number":"19.2-79","catch_line":"Arrest by officers of other states of United States","url":"\/19.2-79\/","token":"19.2\/7\/19.2-79","metadata":false},{"id":66672,"structure_id":13638,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","url":"\/19.2-80\/","token":"19.2\/7\/19.2-80","metadata":false},{"id":60845,"structure_id":13638,"section_number":"19.2-80.1","catch_line":"When arrested person operating motor vehicle; how vehicle removed from scene of arrest","url":"\/19.2-80.1\/","token":"19.2\/7\/19.2-80.1","metadata":false},{"id":81296,"structure_id":13638,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","url":"\/19.2-80.2\/","token":"19.2\/7\/19.2-80.2","metadata":false},{"id":60675,"structure_id":13638,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","url":"\/19.2-81\/","token":"19.2\/7\/19.2-81","metadata":false},{"id":62476,"structure_id":13638,"section_number":"19.2-81.1","catch_line":"Arrest without warrant by correctional officers in certain cases","url":"\/19.2-81.1\/","token":"19.2\/7\/19.2-81.1","metadata":false},{"id":62627,"structure_id":13638,"section_number":"19.2-81.2","catch_line":"Power of correctional officers and designated noncustodial employees to detain","url":"\/19.2-81.2\/","token":"19.2\/7\/19.2-81.2","metadata":false},{"id":86739,"structure_id":13638,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","url":"\/19.2-81.3\/","token":"19.2\/7\/19.2-81.3","metadata":false},{"id":55203,"structure_id":13638,"section_number":"19.2-81.4","catch_line":"Repealed","url":"\/19.2-81.4\/","token":"19.2\/7\/19.2-81.4","metadata":false},{"id":55495,"structure_id":13638,"section_number":"19.2-81.5","catch_line":"Cooperation with a law-enforcement officer","url":"\/19.2-81.5\/","token":"19.2\/7\/19.2-81.5","metadata":false},{"id":72697,"structure_id":13638,"section_number":"19.2-81.6","catch_line":"Authority of law-enforcement officers to arrest illegal aliens","url":"\/19.2-81.6\/","token":"19.2\/7\/19.2-81.6","metadata":false},{"id":61276,"structure_id":13638,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","url":"\/19.2-82\/","token":"19.2\/7\/19.2-82","metadata":false},{"id":56295,"structure_id":13638,"section_number":"19.2-82.1","catch_line":"Giving false identity to law-enforcement officer; penalty","url":"\/19.2-82.1\/","token":"19.2\/7\/19.2-82.1","metadata":false},{"id":84938,"structure_id":13638,"section_number":"19.2-83","catch_line":"Repealed","url":"\/19.2-83\/","token":"19.2\/7\/19.2-83","metadata":false},{"id":78541,"structure_id":13638,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","url":"\/19.2-83.1\/","token":"19.2\/7\/19.2-83.1","metadata":false},{"id":54610,"structure_id":13638,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","url":"\/19.2-83.2\/","token":"19.2\/7\/19.2-83.2","metadata":false}],"previous_section":{"id":57792,"structure_id":13638,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","url":"\/19.2-71\/","token":"19.2\/7\/19.2-71","metadata":false},"next_section":{"id":62110,"structure_id":13638,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","url":"\/19.2-73\/","token":"19.2\/7\/19.2-73","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-72\/","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 1960, chapter 366; in 1975, chapter 495; in 1991, chapter 420; in 2000, chapter 170<\/a>; in 2007, chapter 412<\/a>; in 2009, chapters 291<\/a> and 344<\/a>; in 2010, chapter 240<\/a>; in 2011, chapters 205<\/a> and 223<\/a>; in 2013, chapter 207<\/a>; in 2016, chapter 204<\/a>; in 2024, chapter 809<\/a>.<\/p>","references":[{"id":66716,"section_number":"19.2-340","catch_line":"Fines; how recovered; in what name","order_by":null,"url":"\/19.2-340\/"},{"id":61276,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","order_by":null,"url":"\/19.2-82\/"},{"id":78138,"section_number":"52-21","catch_line":"Procedure after arrest without warrant","order_by":null,"url":"\/52-21\/"},{"id":83130,"section_number":"54.1-2506","catch_line":"Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director","order_by":null,"url":"\/54.1-2506\/"},{"id":80292,"section_number":"54.1-306","catch_line":"Enforcement of laws by Director or investigators; authority of investigators appointed by Director","order_by":null,"url":"\/54.1-306\/"}],"refers_to":[{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"}],"permalink":{"id":170925,"object_type":"law","relational_id":56060,"identifier":"19.2-72","token":"19.2\/7\/19.2-72","url":"\/19.2-72\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-72\/","token":"19.2\/7\/19.2-72","dublin_core":{"Title":"When it may issue; what to recite and require","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-72","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

On complaint of a criminal offense<\/span> to any officer authorized to issue<\/span> criminal warrants he shall examine on oath<\/span> the complainant and any other witnesses, or when such officer shall suspect that an offense<\/span> punishable otherwise than by a fine has been committed he may, without formal complaint, issue<\/span> a summons<\/span> for witnesses and shall examine such witnesses. A written complaint shall be required if the complainant is not a law<\/span>-enforcement officer; however a written complaint is required for a felony<\/span> offense<\/span>, regardless of whether the complainant is a law<\/span>-enforcement officer. If no arrest warrant is issued in response to a written complaint made by such complainant, the written complaint shall be returned to the complainant. If upon such examination such officer finds that there is probable cause<\/span> to believe the accused<\/span> has committed an offense<\/span>, such officer shall issue<\/span> a warrant for his arrest, except that no magistrate<\/span> may issue<\/span> an arrest warrant for a felony<\/span> offense<\/span> upon the basis of a complaint by a person other than a law<\/span>-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a law<\/span>-enforcement agency having jurisdiction<\/span> over the alleged offense<\/span>. The warrant shall (i) be directed to an appropriate officer or officers, (ii) name the accused<\/span> or, if his name is unknown, set forth a description by which he can be identified with reasonable certainty, (iii) describe the offense<\/span> charged with reasonable certainty, (iv) command that the accused<\/span> be arrested and brought before a court<\/span> of appropriate jurisdiction<\/span> in the county, city or town in which the offense<\/span> was allegedly committed, and (v) be signed by the issuing officer. If a warrant is issued for an offense<\/span> in violation of any county, city, or town ordinance<\/span> that is similar to any provision of this Code, the warrant shall reference the offense<\/span> using both the citation<\/span> corresponding to the county, city, or town ordinance<\/span> and the specific provision of this Code. The warrant shall require the officer to whom it is directed to summon such witnesses as shall be therein named to appear and give evidence<\/span> on the examination. But in a city or town having a police force, the warrant shall be directed “To any policeman, sheriff or his deputy sheriff of such city (or town),” and shall be executed by the policeman, sheriff or his deputy sheriff into whose hands it shall come or be delivered. A sheriff or his deputy may execute an arrest warrant throughout the county in which he serves and in any city or town surrounded thereby and effect an arrest in any city or town surrounded thereby as a result of a criminal act committed during the execution of such warrant. A jail officer as defined in \u00a7 53.1-1<\/a> employed at a regional jail or jail farm is authorized to execute a warrant of arrest<\/span> upon an accused<\/span> in his jail. The venue<\/span> for the prosecution<\/span> of such criminal act shall be the jurisdiction<\/span> in which the offense<\/span> occurred.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN IT MAY ISSUE; WHAT TO RECITE AND REQUIRE (\u00a7 19.2-72)\n\nOn complaint of a criminal offense to any officer authorized to issue criminal\nwarrants he shall examine on oath the complainant and any other witnesses, or\nwhen such officer shall suspect that an offense punishable otherwise than by a\nfine has been committed he may, without formal complaint, issue a summons for\nwitnesses and shall examine such witnesses. A written complaint shall be\nrequired if the complainant is not a law-enforcement officer; however a written\ncomplaint is required for a felony offense, regardless of whether the\ncomplainant is a law-enforcement officer. If no arrest warrant is issued in\nresponse to a written complaint made by such complainant, the written complaint\nshall be returned to the complainant. If upon such examination such officer\nfinds that there is probable cause to believe the accused has committed an\noffense, such officer shall issue a warrant for his arrest, except that no\nmagistrate may issue an arrest warrant for a felony offense upon the basis of a\ncomplaint by a person other than a law-enforcement officer or an animal control\nofficer without prior authorization by the attorney for the Commonwealth or by a\nlaw-enforcement agency having jurisdiction over the alleged offense. The warrant\nshall (i) be directed to an appropriate officer or officers, (ii) name the\naccused or, if his name is unknown, set forth a description by which he can be\nidentified with reasonable certainty, (iii) describe the offense charged with\nreasonable certainty, (iv) command that the accused be arrested and brought\nbefore a court of appropriate jurisdiction in the county, city or town in which\nthe offense was allegedly committed, and (v) be signed by the issuing officer.\nIf a warrant is issued for an offense in violation of any county, city, or town\nordinance that is similar to any provision of this Code, the warrant shall\nreference the offense using both the citation corresponding to the county, city,\nor town ordinance and the specific provision of this Code. The warrant shall\nrequire the officer to whom it is directed to summon such witnesses as shall be\ntherein named to appear and give evidence on the examination. But in a city or\ntown having a police force, the warrant shall be directed “To any\npoliceman, sheriff or his deputy sheriff of such city (or town),” and\nshall be executed by the policeman, sheriff or his deputy sheriff into whose\nhands it shall come or be delivered. A sheriff or his deputy may execute an\narrest warrant throughout the county in which he serves and in any city or town\nsurrounded thereby and effect an arrest in any city or town surrounded thereby\nas a result of a criminal act committed during the execution of such warrant. A\njail officer as defined in \u00a7 53.1-1 employed at a regional jail or jail farm is\nauthorized to execute a warrant of arrest upon an accused in his jail. The venue\nfor the prosecution of such criminal act shall be the jurisdiction in which the\noffense occurred.\n\nHISTORY: Code 1950, \u00a7 19.1-91; 1960, c. 366; 1975, c. 495; 1991, c. 420; 2000,\nc. 170; 2007, c. 412; 2009, cc. 291, 344; 2010, c. 240; 2011, cc. 205, 223;\n2013, c. 207; 2016, c. 204; 2021, Sp. Sess. I, cc. 524, 542; 2024, c. 809.","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}}