Warrantless Arrests

The question of whether officers in Virginia have authority to arrest, without a warrant, for misdemeanor criminal offenses is a complicated one which many police officers, lawyers and judges simply do not understand. The analysis requires an assessment of whether the officer can take any action without a warrant, and then, if some action is authorized, an assessment of what that action is.

May an officer arrest someone, without a warrant, for a misdemeanor criminal offense?
Many believe Virginia law allows an officer to arrest any suspect as long as probable cause exists to believe the suspect committed a crime. However, this is not the law in Virginia. To the contrary, although Virginia law authorizes officers to arrest, without a warrant, for misdemeanors committed in their presence, officers may not arrest a suspect, without a warrant, for misdemeanors committed outside of their presence. A few limited exceptions to this general rule are set out in 19.2 and 46.2.

If an officer is authorized to arrest someone for a misdemeanor offense without a warrant, may the officer take the suspect into custody or does Virginia law require the officer to issue a summons and release the suspect?
If the misdemeanor offense was committed in the officer's presence, the general rule in Virginia is that an officer must issue a summons and release the suspect. If an exception applies authorizing an officer to arrest, without a warrant, for a misdemeanor not committed in the officer's presence, the suspect should be taken into custody.

The Wilson Law Firm is located in Manassas, Virginia and serves the entire Commonwealth of Virginia.  Call us today for a no obligation consultation at 1-888-384-5997.