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Arrest Without Warrant In Virginia
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Multi-State
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US-000280
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FAQ
There are two central requirements: First, there must be a "breach of the peace" or a felony being committed by the person who is subject to being arrested. So, if a citizen sees a suspect assaulting someone, the citizen can probably make a citizen's arrest.
Any law-enforcement officer with the powers of arrest may arrest without a warrant for an alleged violation of § 18.2-57.2, 18.2-60.4, or 16.1-253.2 regardless of whether such violation was committed in his presence, if such arrest is based on probable cause or upon personal observations or the reasonable complaint of ...
If an officer sees illegal activity or contraband in plain view, they can act without a warrant. Additionally, situations like hot pursuit of a suspect or preventing an imminent danger also allow for warrantless arrests. These exceptions, while necessary, are also closely scrutinized to prevent abuse of power.
Hot pursuit: Officers can arrest and search individuals who are suspected of committing a felony. For the pursuit, officers can enter any property to search and seize evidence without warrants.
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
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Virginia law permits officers to make an arrest in Virginia without having obtained an arrest warrant, and in other situations Virginia law prohibits doing so. Any law-enforcement officer with the powers of arrest may arrest without a warrant for an alleged violation of § 18.2-57.2, 18.2-60.4, or 16.1-18.2.2Pursuant to Va. Code § 19.2-18 every conservator of the peace shall have authority to arrest without a warrant in such instances as are set out in Va. Code. Section 19.2-100 - Arrest without warrant. If a person commits a misdemeanor in the presence of the officer, they can arrest that person without a warrant.