                                 CODE OF VIRGINIA

PROCEDURE UPON ARREST WITHOUT WARRANT (§ 19.2-82)

A. 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 &#xA7; 19.2-72 or a summons under the provisions of &#xA7; 19.2-73.
			As used in this section the term &#8220;brought before a magistrate or other
issuing authority having jurisdiction&#8221; shall include a personal appearance
before such authority or any two-way electronic video and audio communication
meeting the requirements of &#xA7; 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 &#xA7; 19.2-3.1.
			If a warrant is issued the case shall thereafter be disposed of under the
provisions of &#xA7;&#xA7; 19.2-183 through 19.2-190, if the issuing officer is
a judge; under the provisions of &#xA7;&#xA7; 19.2-119 through 19.2-134, if the
issuing officer is a magistrate or other issuing officer having jurisdiction.
			If such warrant or summons is not issued, the person so arrested shall be
released.

B. A warrant may be issued pursuant to this section, where the person has been
arrested in accordance with &#xA7; 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 &#xA7; 19.2-81.6. If such warrant is issued, it shall
recite &#xA7; 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.

HISTORY: Code 1950, § 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.