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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78138</law_id><section_number>52-21</section_number><catch_line>Procedure after arrest without warrant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="52">Police (State)</unit><unit label="chapter" level="2" order_by="1" identifier="4">Arrests by State Police</unit></structure><text>
						<section><p>Except in the case of a violation of a provision of Title 46.2, in which case the officer making the <span class="dictionary">arrest</span> shall proceed as provided in &#xA7;&#xA0;<a class="law" title="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 &#xA7;&#xA7; 46.2-301 and 46.2-302; violations" href="/46.2-936/">46.2-936</a>, the officer making the <span class="dictionary">arrest</span> shall forthwith bring the person so arrested before an officer authorized to <span class="dictionary">issue</span> criminal warrants in the county or city where the <span class="dictionary">arrest</span> is made. The officer before whom such person is brought shall proceed to examine the officer making the <span class="dictionary">arrest</span>. If the officer before whom such person is brought has reasonable grounds upon which to believe that a criminal <span class="dictionary">offense</span> has been committed, and that the person arrested has committed such <span class="dictionary">offense</span>, he shall <span class="dictionary">issue</span> such a warrant as might have been issued prior to the <span class="dictionary">arrest</span> of such person under the provisions of &#xA7;&#xA0;<a class="law" title="When it may issue; what to recite and require" href="/19.2-72/">19.2-72</a>. If such a warrant is issued the case shall thereafter be disposed of in like manner as though the warrant had been issued prior to the <span class="dictionary">arrest</span>. If such a warrant be not issued the person so arrested shall be released.</p></section></text><history>1942, p. 481; Michie Code 1942, &#xA7; 4827a; 1960, c. 375; 1962, c. 22; 1982, c. 35.</history><metadata></metadata></law>
