{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-940.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-940.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-940.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-940.html"}],"law_id":64652,"edition_id":1,"section_id":64652,"structure_id":15402,"section_number":"46.2-940","catch_line":"When arresting officer shall take person before issuing authority","history":"Code 1950, \u00a7 46-194; 1958, c. 541, \u00a7 46.1-179; 1966, c. 639; 1972, c. 474; 1981, c. 382; 1989, c. 727; 2006, c. 276; 2020, cc. 964, 965; 2021, Sp. Sess. I, c. 338.","full_text":"If any person is (i) believed by the arresting officer to have committed a felony or (ii) believed by the arresting officer to be likely to disregard a summons issued under \u00a7 46.2-936, the arresting officer shall promptly take him before a magistrate or other issuing authority having jurisdiction and proceed in accordance with the provisions of \u00a7 19.2-82. The magistrate or other authority may issue either a summons or warrant as he shall determine proper.","order_by":null,"text":{"0":{"id":235280,"text":"If any person is (i) believed by the arresting officer to have committed a felony or (ii) believed by the arresting officer to be likely to disregard a summons issued under \u00a7 46.2-936, the arresting officer shall promptly take him before a magistrate or other issuing authority having jurisdiction and proceed in accordance with the provisions of \u00a7 19.2-82. The magistrate or other authority may issue either a summons or warrant as he shall determine proper.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15402,"edition_id":1,"name":"Legal Procedures and Requirements","identifier":"17","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:54:39","date_modified":"2026-06-26 03:54:39","permalink":{"id":230661,"object_type":"structure","relational_id":15402,"identifier":"17","token":"46.2\/III\/8\/17","url":"\/46.2\/III\/8\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81229,"structure_id":15402,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","url":"\/46.2-936\/","token":"46.2\/III\/8\/17\/46.2-936","metadata":false},{"id":84627,"structure_id":15402,"section_number":"46.2-937","catch_line":"Traffic infractions treated as misdemeanors for arrest purposes","url":"\/46.2-937\/","token":"46.2\/III\/8\/17\/46.2-937","metadata":false},{"id":58995,"structure_id":15402,"section_number":"46.2-938","catch_line":"Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear","url":"\/46.2-938\/","token":"46.2\/III\/8\/17\/46.2-938","metadata":false},{"id":85465,"structure_id":15402,"section_number":"46.2-939","catch_line":"Authority of law-enforcement officers to issue subpoenas","url":"\/46.2-939\/","token":"46.2\/III\/8\/17\/46.2-939","metadata":false},{"id":64652,"structure_id":15402,"section_number":"46.2-940","catch_line":"When arresting officer shall take person before issuing authority","url":"\/46.2-940\/","token":"46.2\/III\/8\/17\/46.2-940","metadata":false},{"id":66506,"structure_id":15402,"section_number":"46.2-941","catch_line":"Conditions precedent to issuance of summons for violation of parking ordinance; notice","url":"\/46.2-941\/","token":"46.2\/III\/8\/17\/46.2-941","metadata":false},{"id":75206,"structure_id":15402,"section_number":"46.2-942","catch_line":"Admissibility of results of speedometer test in prosecution for exceeding speed limit","url":"\/46.2-942\/","token":"46.2\/III\/8\/17\/46.2-942","metadata":false},{"id":58652,"structure_id":15402,"section_number":"46.2-943","catch_line":"Court or jury may consider defendant's prior traffic record before sentencing","url":"\/46.2-943\/","token":"46.2\/III\/8\/17\/46.2-943","metadata":false}],"previous_section":{"id":85465,"structure_id":15402,"section_number":"46.2-939","catch_line":"Authority of law-enforcement officers to issue subpoenas","url":"\/46.2-939\/","token":"46.2\/III\/8\/17\/46.2-939","metadata":false},"next_section":{"id":66506,"structure_id":15402,"section_number":"46.2-941","catch_line":"Conditions precedent to issuance of summons for violation of parking ordinance; notice","url":"\/46.2-941\/","token":"46.2\/III\/8\/17\/46.2-941","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-940\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1958, chapter 541; in 1966, chapter 639; in 1972, chapter 474; in 1981, chapter 382; in 1989, chapter 727; in 2006, chapter 276<\/a>; in 2020, chapters 964<\/a> and 965<\/a>.<\/p>","references":[{"id":60374,"section_number":"33.2-1726","catch_line":"Incidental powers of the Board","order_by":null,"url":"\/33.2-1726\/"},{"id":81229,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","order_by":null,"url":"\/46.2-936\/"}],"refers_to":[{"id":61276,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","order_by":null,"url":"\/19.2-82\/"},{"id":81229,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","order_by":null,"url":"\/46.2-936\/"}],"permalink":{"id":230679,"object_type":"law","relational_id":64652,"identifier":"46.2-940","token":"46.2\/III\/8\/17\/46.2-940","url":"\/46.2-940\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-940\/","token":"46.2\/III\/8\/17\/46.2-940","dublin_core":{"Title":"When arresting officer shall take person before issuing authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-940","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any person is (i) believed by the arresting officer to have committed a felony<\/span> or (ii) believed by the arresting officer to be likely to disregard a summons<\/span> issued under \u00a7 46.2-936<\/a>, the arresting officer shall promptly take him before a magistrate<\/span> or other issuing authority having jurisdiction<\/span> and proceed in accordance with the provisions of \u00a7 19.2-82<\/a>. The magistrate<\/span> or other authority may issue<\/span> either a summons<\/span> or warrant as he shall determine proper.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN ARRESTING OFFICER SHALL TAKE PERSON BEFORE ISSUING AUTHORITY (\u00a7 46.2-940)\n\nIf any person is (i) believed by the arresting officer to have committed a\nfelony or (ii) believed by the arresting officer to be likely to disregard a\nsummons issued under \u00a7 46.2-936, the arresting officer shall promptly take him\nbefore a magistrate or other issuing authority having jurisdiction and proceed\nin accordance with the provisions of \u00a7 19.2-82. The magistrate or other\nauthority may issue either a summons or warrant as he shall determine proper.\n\nHISTORY: Code 1950, \u00a7 46-194; 1958, c. 541, \u00a7 46.1-179; 1966, c. 639; 1972, c.\n474; 1981, c. 382; 1989, c. 727; 2006, c. 276; 2020, cc. 964, 965; 2021, Sp.\nSess. I, c. 338.","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}}