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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56060</law_id><section_number>19.2-72</section_number><catch_line>When it may issue; what to recite and require</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-340</reference><reference>19.2-82</reference><reference>52-21</reference><reference>54.1-2506</reference><reference>54.1-306</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="7">Arrest</unit></structure><text>
						<section><p>On complaint of a criminal <span class="dictionary">offense</span> to any officer authorized to <span class="dictionary">issue</span> criminal warrants he shall examine on <span class="dictionary">oath</span> the complainant and any other witnesses, or when such officer shall suspect that an <span class="dictionary">offense</span> punishable otherwise than by a fine has been committed he may, without formal complaint, <span class="dictionary">issue</span> a <span class="dictionary">summons</span> for witnesses and shall examine such witnesses. A written complaint shall be required if the complainant is not a <span class="dictionary">law</span>-enforcement officer; however a written complaint is required for a <span class="dictionary">felony</span> <span class="dictionary">offense</span>, regardless of whether the complainant is a <span class="dictionary">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 <span class="dictionary">probable cause</span> to believe the <span class="dictionary">accused</span> has committed an <span class="dictionary">offense</span>, such officer shall <span class="dictionary">issue</span> a warrant for his arrest, except that no <span class="dictionary">magistrate</span> may <span class="dictionary">issue</span> an arrest warrant for a <span class="dictionary">felony</span> <span class="dictionary">offense</span> upon the basis of a complaint by a person other than a <span class="dictionary">law</span>-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a <span class="dictionary">law</span>-enforcement agency having <span class="dictionary">jurisdiction</span> over the alleged <span class="dictionary">offense</span>. The warrant shall (i) be directed to an appropriate officer or officers, (ii) name the <span class="dictionary">accused</span> or, if his name is unknown, set forth a description by which he can be identified with reasonable certainty, (iii) describe the <span class="dictionary">offense</span> charged with reasonable certainty, (iv) command that the <span class="dictionary">accused</span> be arrested and brought before a <span class="dictionary">court</span> of appropriate <span class="dictionary">jurisdiction</span> in the county, city or town in which the <span class="dictionary">offense</span> was allegedly committed, and (v) be signed by the issuing officer. If a warrant is issued for an <span class="dictionary">offense</span> in violation of any county, city, or town <span class="dictionary">ordinance</span> that is similar to any provision of this Code, the warrant shall reference the <span class="dictionary">offense</span> using both the <span class="dictionary">citation</span> corresponding to the county, city, or town <span class="dictionary">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 <span class="dictionary">evidence</span> on the examination. But in a city or town having a police force, the warrant shall be directed &#x201C;To any policeman, sheriff or his deputy sheriff of such city (or town),&#x201D; 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 &#xA7;&#xA0;<a class="law" title="Definitions" href="/53.1-1/">53.1-1</a> employed at a regional jail or jail farm is authorized to execute a <span class="dictionary">warrant of arrest</span> upon an <span class="dictionary">accused</span> in his jail. The <span class="dictionary">venue</span> for the <span class="dictionary">prosecution</span> of such criminal act shall be the <span class="dictionary">jurisdiction</span> in which the <span class="dictionary">offense</span> occurred.</p></section></text><history>Code 1950, &#xA7; 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.</history><metadata></metadata></law>
