{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-81.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-81.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-81.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-81.html"}],"law_id":60675,"edition_id":1,"section_id":60675,"structure_id":13638,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","history":"Code 1950, \u00a7 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; 2011, cc. 510, 643; 2012, c. 776; 2013, c. 787; 2014, c. 543; 2015, cc. 38, 730; 2017, c. 208.","full_text":"A\n\nThe following officers shall have the powers of arrest as provided in this section:1\n\nMembers of the State Police force of the Commonwealth;2\n\nSheriffs of the various counties and cities, and their deputies;3\n\nMembers of any county police force or any duly constituted police force of any city or town of the Commonwealth;4\n\nThe Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to § 28.2-900;5\n\nRegular conservation police officers appointed pursuant to § 29.1-200;6\n\nUnited States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under § 29.1-205 to make arrests;7\n\nConservation officers appointed pursuant to § 10.1-115;8\n\nFull-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217;9\n\nSpecial agents of the Virginia Alcoholic Beverage Control Authority;10\n\nCampus police officers appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; and11\n\nMembers of the Division of Capitol Police.B\n\nSuch officers may arrest without a warrant any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.\n\t\t\tSuch officers may arrest without a warrant any person whom the officer has probable cause to suspect of operating any watercraft or motorboat while (i) intoxicated in violation of subsection B of § 29.1-738 or a substantially similar ordinance of any county, city, or town in the Commonwealth or (ii) in violation of an order issued pursuant to § 29.1-738.4 and may thereafter transfer custody of the person arrested to another officer, who may obtain a warrant based upon statements made to him by the arresting officer.C\n\nAny such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in § 29.1-733.2 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. For purposes of this section, “the scene of any accident” shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public.D\n\nSuch officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating a motor vehicle, watercraft or motorboat 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 similar ordinance of any county, city, or town in the Commonwealth, whether or not the offense was committed in such officer’s presence. Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of operating a watercraft or motorboat in violation of an order issued pursuant to § 29.1-738.4, whether or not the offense was committed in such officer’s presence.E\n\nSuch officers may arrest, without a warrant or a capias, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant or a capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.F\n\nSuch officers may arrest, without a warrant or a capias, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant or capias for such offense is on file.G\n\nSuch officers may also arrest without a warrant for an alleged misdemeanor not 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 on school 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 of property in violation of § 18.2-137, when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.","order_by":null,"text":{"0":{"id":221751,"text":"The following officers shall have the powers of arrest as provided in this section:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":221752,"text":"Members of the State Police force of the Commonwealth;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":221753,"text":"Sheriffs of the various counties and cities, and their deputies;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":221754,"text":"Members of any county police force or any duly constituted police force of any city or town of the Commonwealth;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":221755,"text":"The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to § 28.2-900;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":221756,"text":"Regular conservation police officers appointed pursuant to § 29.1-200;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":221757,"text":"United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under § 29.1-205 to make arrests;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":221758,"text":"Conservation officers appointed pursuant to § 10.1-115;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":221759,"text":"Full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":221760,"text":"Special agents of the Virginia Alcoholic Beverage Control Authority;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":221761,"text":"Campus police officers appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; and","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":221762,"text":"Members of the Division of Capitol Police.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":221763,"text":"Such officers may arrest without a warrant any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.\n\t\t\tSuch officers may arrest without a warrant any person whom the officer has probable cause to suspect of operating any watercraft or motorboat while (i) intoxicated in violation of subsection B of § 29.1-738 or a substantially similar ordinance of any county, city, or town in the Commonwealth or (ii) in violation of an order issued pursuant to § 29.1-738.4 and may thereafter transfer custody of the person arrested to another officer, who may obtain a warrant based upon statements made to him by the arresting officer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11","next_prefix":"C"},"13":{"id":221764,"text":"Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in § 29.1-733.2 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. For purposes of this section, “the scene of any accident” shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"14":{"id":221765,"text":"Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating a motor vehicle, watercraft or motorboat 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 similar ordinance of any county, city, or town in the Commonwealth, whether or not the offense was committed in such officer’s presence. Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of operating a watercraft or motorboat in violation of an order issued pursuant to § 29.1-738.4, whether or not the offense was committed in such officer’s presence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":221766,"text":"Such officers may arrest, without a warrant or a capias, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant or a capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"16":{"id":221767,"text":"Such officers may arrest, without a warrant or a capias, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant or capias for such offense is on file.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"17":{"id":221768,"text":"Such officers may also arrest without a warrant for an alleged misdemeanor not 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 on school 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 of property in violation of § 18.2-137, when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-81\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 26 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 1974, chapter 241; in 1975, chapter 495; in 1976, chapters 515 and 570; in 1977, chapter 97; in 1979, chapter 268; in 1982, chapter 272; in 1983, chapter 206; in 1984, chapter 534; in 1985, chapter 507; in 1988, chapters 353, 744, 752, and 853; in 1989, chapter 726; in 1990, chapters 635, 744, and 784; in 1995, chapter 465<\/a>; in 1996, chapters 866<\/a>, 929<\/a>, and 1015<\/a>; in 1998, chapter 684<\/a>; in 2004, chapter 949<\/a>; in 2005, chapters 88<\/a> and 435<\/a>; in 2008, chapters 460<\/a> and 737<\/a>; in 2010, chapter 840<\/a>; in 2011, chapters 510<\/a> and 643<\/a>; in 2012, chapter 776<\/a>; in 2013, chapter 787<\/a>; in 2014, chapter 543<\/a>; in 2015, chapters 38<\/a> and 730<\/a>; in 2017, chapter 208<\/a>.<\/p>","references":[{"id":73982,"section_number":"19.2-18","catch_line":"Powers and duties generally","order_by":null,"url":"\/19.2-18\/"},{"id":80018,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","order_by":null,"url":"\/19.2-267.1\/"},{"id":57508,"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","order_by":null,"url":"\/19.2-74\/"},{"id":62476,"section_number":"19.2-81.1","catch_line":"Arrest without warrant by correctional officers in certain cases","order_by":null,"url":"\/19.2-81.1\/"},{"id":72697,"section_number":"19.2-81.6","catch_line":"Authority of law-enforcement officers to arrest illegal aliens","order_by":null,"url":"\/19.2-81.6\/"}],"refers_to":[{"id":62641,"section_number":"10.1-115","catch_line":"Appointment of conservation officers; qualifications; oath","order_by":null,"url":"\/10.1-115\/"},{"id":67960,"section_number":"18.2-103","catch_line":"Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts","order_by":null,"url":"\/18.2-103\/"},{"id":83724,"section_number":"18.2-137","catch_line":"Injuring, etc., any property, monument, etc","order_by":null,"url":"\/18.2-137\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":85076,"section_number":"18.2-96","catch_line":"Petit larceny defined; how punished","order_by":null,"url":"\/18.2-96\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":78933,"section_number":"28.2-900","catch_line":"Arrest with or without warrant; larceny; violations of boating laws and Title 62.1","order_by":null,"url":"\/28.2-900\/"},{"id":61271,"section_number":"29.1-200","catch_line":"Appointment of conservation police officers","order_by":null,"url":"\/29.1-200\/"},{"id":56161,"section_number":"29.1-205","catch_line":"Power to make arrests","order_by":null,"url":"\/29.1-205\/"},{"id":76938,"section_number":"29.1-733.2","catch_line":"Definitions","order_by":null,"url":"\/29.1-733.2\/"},{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"},{"id":87092,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","order_by":null,"url":"\/29.1-738.4\/"},{"id":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"}],"permalink":{"id":170993,"object_type":"law","relational_id":60675,"identifier":"19.2-81","token":"19.2\/7\/19.2-81","url":"\/19.2-81\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-81\/","token":"19.2\/7\/19.2-81","dublin_core":{"Title":"Arrest without warrant authorized in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-81","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following officers shall have the powers of arrest<\/span> as provided in this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Members of the State Police force of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Sheriffs of the various counties and cities, and their deputies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Members of any county police force or any duly constituted police force of any city or town of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest<\/span> pursuant to § 28.2-900<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Regular conservation police officers appointed pursuant to § 29.1-200<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under § 29.1-205<\/a> to make arrests<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Conservation officers appointed pursuant to § 10.1-115<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Special agents of the Virginia Alcoholic Beverage Control Authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Campus police officers appointed under Article 3 (§ 23.1-809<\/a> et seq.) of Chapter 8 of Title 23.1; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Members of the Division of Capitol Police. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such officers may arrest<\/span> without a warrant any person who commits any crime<\/span> in the presence of the officer and any person whom he has reasonable grounds or probable cause<\/span> to suspect of having committed a felony<\/span> not in his presence.\n\t\t\tSuch officers may arrest<\/span> without a warrant any person whom the officer has probable cause<\/span> to suspect of operating any watercraft or motorboat while (i) intoxicated in violation of subsection B of § 29.1-738<\/a> or a substantially similar ordinance<\/span> of any county, city, or town in the Commonwealth or (ii) in violation of an order<\/span> issued pursuant to § 29.1-738.4<\/a> and may thereafter transfer custody<\/span> of the person arrested to another officer, who may obtain a warrant based upon statements made to him by the arresting officer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any such officer may, at the scene of any accident<\/span> involving a motor vehicle, watercraft as defined in § 29.1-733.2<\/a> or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime<\/span> has been committed by any person then and there present, apprehend such person without a warrant of arrest<\/span>. For purposes of this section, “the scene of any accident<\/span>” shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law<\/span>-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Such officers may, within three hours of the alleged offense<\/span>, arrest without a warrant at any location any person whom the officer has probable cause<\/span> to suspect of driving or operating a motor vehicle, watercraft or motorboat while intoxicated in violation of § 18.2-266<\/a>, 18.2-266.1<\/a>, 46.2-341.24<\/a>, or subsection B of § 29.1-738<\/a>; or a substantially similar ordinance<\/span> of any county, city, or town in the Commonwealth, whether or not the offense<\/span> was committed in such officer’s presence. Such officers may, within three hours of the alleged offense<\/span>, arrest without a warrant at any location any person whom the officer has probable cause<\/span> to suspect of operating a watercraft or motorboat in violation of an order<\/span> issued pursuant to § 29.1-738.4<\/a>, whether or not the offense<\/span> was committed in such officer’s presence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Such officers may arrest, without a warrant or a capias<\/span>, persons duly charged with a crime<\/span> in another jurisdiction<\/span> upon receipt of a photocopy of a warrant or a capias<\/span>, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime<\/span> alleged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Such officers may arrest, without a warrant or a capias<\/span>, for an alleged misdemeanor<\/span> not committed in his presence when the officer receives a radio message from his department or other law<\/span>-enforcement agency within the Commonwealth that a warrant or capias<\/span> for such offense<\/span> is on file. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Such officers may also arrest without a warrant for an alleged misdemeanor<\/span> not committed in their presence involving (i) shoplifting<\/span> in violation of § 18.2-96<\/a> or 18.2-103<\/a> or a similar local ordinance<\/span>, (ii) carrying a weapon on school property in violation of § 18.2-308.1<\/a>, (iii) assault<\/span> and battery<\/span>, (iv) brandishing a firearm in violation of § 18.2-282<\/a>, or (v) destruction of property in violation of § 18.2-137<\/a>, when such property is located on premises used for business or commercial purposes, or a similar local ordinance<\/span>, when any such arrest is based on probable cause<\/span> upon reasonable complaint of the person who observed the alleged offense<\/span>. The arresting officer may issue<\/span> a summons<\/span> to any person arrested under this section for a misdemeanor<\/span> violation involving shoplifting<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nARREST WITHOUT WARRANT AUTHORIZED IN CERTAIN CASES (\u00a7 19.2-81)\n\nA. The following officers shall have the powers of arrest as provided in this\nsection:\n\n 1. Members of the State Police force of the Commonwealth;\n\n 2. Sheriffs of the various counties and cities, and their deputies;\n\n 3. Members of any county police force or any duly constituted police force of\n any city or town of the Commonwealth;\n\n 4. The Commissioner, members and employees of the Marine Resources Commission\n granted the power of arrest pursuant to § 28.2-900;\n\n 5. Regular conservation police officers appointed pursuant to § 29.1-200;\n\n 6. United States Coast Guard and United States Coast Guard Reserve\n commissioned, warrant, and petty officers authorized under § 29.1-205 to\n make arrests;\n\n 7. Conservation officers appointed pursuant to § 10.1-115;\n\n 8. Full-time sworn members of the enforcement division of the Department of\n Motor Vehicles appointed pursuant to § 46.2-217;\n\n 9. Special agents of the Virginia Alcoholic Beverage Control Authority;\n\n 10. Campus police officers appointed under Article 3 (§ 23.1-809 et seq.)\n of Chapter 8 of Title 23.1; and\n\n 11. Members of the Division of Capitol Police.\n\nB. Such officers may arrest without a warrant any person who commits any crime\nin the presence of the officer and any person whom he has reasonable grounds or\nprobable cause to suspect of having committed a felony not in his presence.\n\t\t\tSuch officers may arrest without a warrant any person whom the officer has\nprobable cause to suspect of operating any watercraft or motorboat while (i)\nintoxicated in violation of subsection B of § 29.1-738 or a substantially\nsimilar ordinance of any county, city, or town in the Commonwealth or (ii) in\nviolation of an order issued pursuant to § 29.1-738.4 and may thereafter\ntransfer custody of the person arrested to another officer, who may obtain a\nwarrant based upon statements made to him by the arresting officer.\n\nC. Any such officer may, at the scene of any accident involving a motor vehicle,\nwatercraft as defined in § 29.1-733.2 or motorboat, or at any hospital or\nmedical facility to which any person involved in such accident has been\ntransported, or in the apprehension of any person charged with the theft of any\nmotor vehicle, on any of the highways or waters of the Commonwealth, upon\nreasonable grounds to believe, based upon personal investigation, including\ninformation obtained from eyewitnesses, that a crime has been committed by any\nperson then and there present, apprehend such person without a warrant of\narrest. For purposes of this section, “the scene of any accident”\nshall include a reasonable location where a vehicle or person involved in an\naccident has been moved at the direction of a law-enforcement officer to\nfacilitate the clearing of the highway or to ensure the safety of the motoring\npublic.\n\nD. Such officers may, within three hours of the alleged offense, arrest without\na warrant at any location any person whom the officer has probable cause to\nsuspect of driving or operating a motor vehicle, watercraft or motorboat while\nintoxicated in violation of § 18.2-266, 18.2-266.1, 46.2-341.24, or\nsubsection B of § 29.1-738; or a substantially similar ordinance of any\ncounty, city, or town in the Commonwealth, whether or not the offense was\ncommitted in such officer’s presence. Such officers may, within three\nhours of the alleged offense, arrest without a warrant at any location any\nperson whom the officer has probable cause to suspect of operating a watercraft\nor motorboat in violation of an order issued pursuant to § 29.1-738.4,\nwhether or not the offense was committed in such officer’s presence.\n\nE. Such officers may arrest, without a warrant or a capias, persons duly charged\nwith a crime in another jurisdiction upon receipt of a photocopy of a warrant or\na capias, telegram, computer printout, facsimile printout, a radio, telephone or\nteletype message, in which photocopy of a warrant, telegram, computer printout,\nfacsimile printout, radio, telephone or teletype message shall be given the name\nor a reasonably accurate description of such person wanted and the crime\nalleged.\n\nF. Such officers may arrest, without a warrant or a capias, for an alleged\nmisdemeanor not committed in his presence when the officer receives a radio\nmessage from his department or other law-enforcement agency within the\nCommonwealth that a warrant or capias for such offense is on file.\n\nG. Such officers may also arrest without a warrant for an alleged misdemeanor\nnot committed in their presence involving (i) shoplifting in violation of §\n18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon on\nschool property in violation of § 18.2-308.1, (iii) assault and battery,\n(iv) brandishing a firearm in violation of § 18.2-282, or (v) destruction\nof property in violation of § 18.2-137, when such property is located on\npremises used for business or commercial purposes, or a similar local ordinance,\nwhen any such arrest is based on probable cause upon reasonable complaint of the\nperson who observed the alleged offense. The arresting officer may issue a\nsummons to any person arrested under this section for a misdemeanor violation\ninvolving shoplifting.\n\nHISTORY: Code 1950, \u00a7 19.1-100; 1960, c. 366; 1974, c. 241; 1975, c. 495; 1976,\ncc. 515, 570; 1977, c. 97; 1979, c. 268; 1982, c. 272; 1983, c. 206; 1984, c.\n534; 1985, c. 507; 1988, cc. 353, 744, 752, 853; 1989, c. 726; 1990, cc. 635,\n744, 784; 1995, c. 465; 1996, cc. 866, 929, 1015; 1998, c. 684; 2004, c. 949;\n2005, cc. 88, 435; 2008, cc. 460, 737; 2010, c. 840; 2011, cc. 510, 643; 2012,\nc. 776; 2013, c. 787; 2014, c. 543; 2015, cc. 38, 730; 2017, c. 208.","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}}