46.2-882 When making an arrest an officer must have what when arresting for radar/ laser speed
enforcement. - Answers A badge and uniform when making a warrantless arrest.
19.2-71 states that the following court officials may issue arrest warrants - Answers The judge, the clerk,
magistrate
Who must be the complainant for a magistrate to issue an arrest warrant for a felony? - Answers Law
enforcement officers. Citizens cannot get a felony arrest warrant without first receiving authorization
from the commonwealth's attorney or law enforcement agency having jurisdiction over the felony.
19.2-18.1 When can a correctional officer arrest someone? - Answers -The escape of an inmate from a
correctional institution
-Help/ assist an inmate to escape from a correctional institution
-The delivery of contraband to an inmate in violation of 18.2-44 (any article without getting permission
first) or 18.2474.1 (drugs, firearms, explosives)
-Any other criminal offense which may contribute to the disruption of the safety, welfare, or security of
the population of a correctional institution
53.1-149 When can a probation officer arrest a probationer? - Answers -For violations of probation
-They may also submit a written statement setting out the violation and deliver it to a jail or deputize
another officer to arrest the violator
19.2-149 Can a bail bondsmen arrest their subjects? - Answers May arrest and surrender them to the
court or to the sheriff
9.1-149 when can private security officers arrest? - Answers They can arrest while at the business
location, have power to arrest for offenses committed in their presence or for shoplifting committed in
the presence of a merchant or the merchant's agent or employee
What must an officer include when getting a warrant affidavit? - Answers -The specific crime that has
allegedly been committed
-Facts and circumstances amounting to PC to convince a magistrate (or other reasonable person) that a
particular person committed the offense(s)
-(crime+ person+ PC= arrest warrant)
19.2-81 arrest without a warrant authorized in certain cases - Answers provided that they are in uniform
or displaying their badge of authority
, The offenses for which a warrantless arrest may be made under 19.2-81 - Answers -For crime committed
in the officers presence
-For felony committed not in the officer's presence based upon PC
-Crimes detected during the investigation of motor vehicle accidents. After personal investigation an
officer has reasonable grounds to believe that someone involved I that accident committed a crime, that
officer may make a warrantless arrest of the person at the accident scene or at a medical facility to
which such person was transported.
-DWI/ DUI- within 3 hours may arrest without warrant if the officer has PC to suspect a motorist of
driving or operating a motor vehicle while intoxicated
-When a person is charged with a crime in another jurisdiction, upon receipt of a photocopy of a warrant
which contains the person's name and the alleged crime
-For a misdemeanor when the officer receives a message form his department or another VA law
enforcement agency stating that a warrant is on file
-For shoplifting based on PC upon the reasonable complaint of an eyewitness
-For assault and battery based on PC upon the reasonable complaint of an eyewitness
-For destruction of property, when such property is located on premises used for business or
commercial purposes, based upon Pc upon the reasonable complaint of an eyewitness
-For carrying a weapon on school property based upon PC the reasonable complaint of an eyewitness
-For brandishing a firearm based on PC upon the reasonable complaint of an eyewitness
What is the general rule for misdemeanors committed in the officer's presence? - Answers Summons
must be issued unless the exceptions apply
19.2-74 an officer shall issue a summons for a Class 1 or Class 2 misdemeanor committed in his presence
unless... - Answers -Title 46.2 of the VA code provides otherwise
-DUI/ DWI
-Domestic assault/ battery/ VPO
-Officer reasonably believes that the person is likely to disregard summons
-Officer reasonably believes the person is likely to cause harm to himself or others
-Person fails to refuse to discontinue an unlawful act
An officer shall issue a summons for Class 3 or Class 4 misdemeanor committed in his presence unless... -
Answers -Title 46.2 of the VA code provides otherwise