{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-82.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-82.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-82.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-82.html"}],"law_id":61276,"edition_id":1,"section_id":61276,"structure_id":13638,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","history":"Code 1950, \u00a7 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.","full_text":"A\n\nA person arrested without a warrant shall be brought forthwith before a magistrate or other issuing authority having jurisdiction who shall proceed to examine the officer making the arrest under oath. If the magistrate or other issuing authority having jurisdiction has lawful probable cause upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue either a warrant under the provisions of § 19.2-72 or a summons under the provisions of § 19.2-73.\n\t\t\tAs used in this section the term “brought before a magistrate or other issuing authority having jurisdiction” shall include a personal appearance before such authority or any two-way electronic video and audio communication meeting the requirements of § 19.2-3.1, in order that the accused and the arresting officer may simultaneously see and speak to such magistrate or authority. If electronic means are used, any documents filed may be transmitted in accordance with § 19.2-3.1.\n\t\t\tIf a warrant is issued the case shall thereafter be disposed of under the provisions of §§ 19.2-183 through 19.2-190, if the issuing officer is a judge; under the provisions of §§ 19.2-119 through 19.2-134, if the issuing officer is a magistrate or other issuing officer having jurisdiction.\n\t\t\tIf such warrant or summons is not issued, the person so arrested shall be released.B\n\nA warrant may be issued pursuant to this section, where the person has been arrested in accordance with § 19.2-81.6, and the magistrate or other issuing authority examines the officer making the arrest under oath, and finds lawful probable cause to believe the arrested individual meets the conditions 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 criminal law previously confirmed with Immigration and Customs Enforcement. Upon the person being taken into federal custody, such state warrant shall be dismissed. Any warrant issued under this subsection shall expire within 72 hours, or when the person is taken into federal custody, whichever occurs first. Recurrent applications for a warrant under this subsection shall not be permitted within a six-month period except where confirmation has been received from Immigration and Customs Enforcement that the arrested person will be taken into federal custody.","order_by":null,"text":{"0":{"id":223919,"text":"A person arrested without a warrant shall be brought forthwith before a magistrate or other issuing authority having jurisdiction who shall proceed to examine the officer making the arrest under oath. If the magistrate or other issuing authority having jurisdiction has lawful probable cause upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue either a warrant under the provisions of § 19.2-72 or a summons under the provisions of § 19.2-73.\n\t\t\tAs used in this section the term “brought before a magistrate or other issuing authority having jurisdiction” shall include a personal appearance before such authority or any two-way electronic video and audio communication meeting the requirements of § 19.2-3.1, in order that the accused and the arresting officer may simultaneously see and speak to such magistrate or authority. If electronic means are used, any documents filed may be transmitted in accordance with § 19.2-3.1.\n\t\t\tIf a warrant is issued the case shall thereafter be disposed of under the provisions of §§ 19.2-183 through 19.2-190, if the issuing officer is a judge; under the provisions of §§ 19.2-119 through 19.2-134, if the issuing officer is a magistrate or other issuing officer having jurisdiction.\n\t\t\tIf such warrant or summons is not issued, the person so arrested shall be released.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223920,"text":"A warrant may be issued pursuant to this section, where the person has been arrested in accordance with § 19.2-81.6, and the magistrate or other issuing authority examines the officer making the arrest under oath, and finds lawful probable cause to believe the arrested individual meets the conditions 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 criminal law previously confirmed with Immigration and Customs Enforcement. Upon the person being taken into federal custody, such state warrant shall be dismissed. Any warrant issued under this subsection shall expire within 72 hours, or when the person is taken into federal custody, whichever occurs first. Recurrent applications for a warrant under this subsection shall not be permitted within a six-month period except where confirmation has been received from Immigration and Customs Enforcement that the arrested person will be taken into federal custody.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-82\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1968, chapter 639; in 1975, chapter 495; in 1981, chapter 382; in 1983, chapter 564; in 1984, chapter 766; in 1991, chapter 41; in 2002, chapter 310<\/a>; in 2004, chapters 360<\/a> and 412<\/a>; in 2009, chapter 669<\/a>.<\/p>","references":[{"id":73982,"section_number":"19.2-18","catch_line":"Powers and duties generally","order_by":null,"url":"\/19.2-18\/"},{"id":60251,"section_number":"19.2-45","catch_line":"Powers enumerated","order_by":null,"url":"\/19.2-45\/"},{"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":81296,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","order_by":null,"url":"\/19.2-80.2\/"},{"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\/"},{"id":64652,"section_number":"46.2-940","catch_line":"When arresting officer shall take person before issuing authority","order_by":null,"url":"\/46.2-940\/"}],"refers_to":[{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":87032,"section_number":"19.2-134","catch_line":"When bail piece to be delivered to accused; form of bail piece","order_by":null,"url":"\/19.2-134\/"},{"id":76815,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","order_by":null,"url":"\/19.2-183\/"},{"id":81953,"section_number":"19.2-190","catch_line":"To whom, and when, examination and recognizance to be certified","order_by":null,"url":"\/19.2-190\/"},{"id":84637,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","order_by":null,"url":"\/19.2-3.1\/"},{"id":56060,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","order_by":null,"url":"\/19.2-72\/"},{"id":62110,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","order_by":null,"url":"\/19.2-73\/"},{"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\/"}],"permalink":{"id":171021,"object_type":"law","relational_id":61276,"identifier":"19.2-82","token":"19.2\/7\/19.2-82","url":"\/19.2-82\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-82\/","token":"19.2\/7\/19.2-82","dublin_core":{"Title":"Procedure upon arrest without warrant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-82","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person arrested without a warrant shall be brought forthwith before a magistrate or other issuing authority having jurisdiction who shall proceed to examine the officer making the arrest<\/span> under oath<\/span>. If the magistrate or other issuing authority having jurisdiction has lawful probable cause<\/span> upon which to believe that a criminal offense<\/span> has been committed, and that the person arrested has committed such offense<\/span>, he shall issue<\/span> either a warrant under the provisions of § 19.2-72<\/a> or a summons<\/span> under the provisions of § 19.2-73<\/a>.\n\t\t\tAs used in this section the term “brought before a magistrate or other issuing authority having jurisdiction<\/span>” shall include a personal appearance<\/span> before such authority or any two-way electronic video and audio communication meeting the requirements of § 19.2-3.1<\/a>, in order<\/span> that the accused<\/span> and the arresting officer may simultaneously see and speak to such magistrate or authority. If electronic means are used, any documents filed may be transmitted in accordance with § 19.2-3.1<\/a>.\n\t\t\tIf a warrant is issued the case shall thereafter be disposed of under the provisions of §§ 19.2-183<\/a> through 19.2-190<\/a>, if the issuing officer is a judge<\/span>; under the provisions of §§ 19.2-119<\/a> through 19.2-134<\/a>, if the issuing officer is a magistrate or other issuing officer having jurisdiction.\n\t\t\tIf such warrant or summons<\/span> is not issued, the person so arrested shall be released. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A warrant may be issued pursuant to this section, where the person has been arrested in accordance with § 19.2-81.6<\/a>, and the magistrate or other issuing authority examines the officer making the arrest<\/span> under oath<\/span>, and finds lawful probable cause<\/span> to believe the arrested individual meets the conditions of clauses (i) and (ii) of § 19.2-81.6<\/a>. If such warrant is issued, it shall recite § 19.2-81.6<\/a> and the applicable violation of federal criminal law<\/span> previously confirmed with Immigration and Customs Enforcement. Upon the person being taken into federal custody<\/span>, such state warrant shall be dismissed. Any warrant issued under this subsection shall expire within 72 hours, or when the person is taken into federal custody<\/span>, whichever occurs first. Recurrent applications for a warrant under this subsection shall not be permitted within a six-month period except where confirmation has been received from Immigration and Customs Enforcement that the arrested person will be taken into federal custody<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE UPON ARREST WITHOUT WARRANT (\u00a7 19.2-82)\n\nA. A person arrested without a warrant shall be brought forthwith before a\nmagistrate or other issuing authority having jurisdiction who shall proceed to\nexamine the officer making the arrest under oath. If the magistrate or other\nissuing authority having jurisdiction has lawful probable cause upon which to\nbelieve that a criminal offense has been committed, and that the person arrested\nhas committed such offense, he shall issue either a warrant under the provisions\nof § 19.2-72 or a summons under the provisions of § 19.2-73.\n\t\t\tAs used in this section the term “brought before a magistrate or other\nissuing authority having jurisdiction” shall include a personal appearance\nbefore such authority or any two-way electronic video and audio communication\nmeeting the requirements of § 19.2-3.1, in order that the accused and the\narresting officer may simultaneously see and speak to such magistrate or\nauthority. If electronic means are used, any documents filed may be transmitted\nin accordance with § 19.2-3.1.\n\t\t\tIf a warrant is issued the case shall thereafter be disposed of under the\nprovisions of §§ 19.2-183 through 19.2-190, if the issuing officer is\na judge; under the provisions of §§ 19.2-119 through 19.2-134, if the\nissuing officer is a magistrate or other issuing officer having jurisdiction.\n\t\t\tIf such warrant or summons is not issued, the person so arrested shall be\nreleased.\n\nB. A warrant may be issued pursuant to this section, where the person has been\narrested in accordance with § 19.2-81.6, and the magistrate or other\nissuing authority examines the officer making the arrest under oath, and finds\nlawful probable cause to believe the arrested individual meets the conditions of\nclauses (i) and (ii) of § 19.2-81.6. If such warrant is issued, it shall\nrecite § 19.2-81.6 and the applicable violation of federal criminal law\npreviously confirmed with Immigration and Customs Enforcement. Upon the person\nbeing taken into federal custody, such state warrant shall be dismissed. Any\nwarrant issued under this subsection shall expire within 72 hours, or when the\nperson is taken into federal custody, whichever occurs first. Recurrent\napplications for a warrant under this subsection shall not be permitted within a\nsix-month period except where confirmation has been received from Immigration\nand Customs Enforcement that the arrested person will be taken into federal\ncustody.\n\nHISTORY: Code 1950, \u00a7 19.1-100.1; 1968, c. 639; 1975, c. 495; 1981, c. 382;\n1983, c. 564; 1984, c. 766; 1991, c. 41; 2002, c. 310; 2004, cc. 360, 412; 2009,\nc. 669.","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}}