No child may be taken into immediate custody except:
A. With a detention order issued by the judge, the intake officer or the clerk, when authorized by the judge, of the juvenile and domestic relations district court in accordance with the provisions of this law or with a warrant issued by a magistrate; or
B. When a child is alleged to be in need of services or supervision and (i) there is a clear and substantial danger to the child's life or health, the safety of the child's family, or the safety of the public or (ii) the assumption of custody is necessary to ensure the child's appearance before the court; or
C. When, in the presence of the officer who makes the arrest, a child has committed an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law and the officer believes that such is necessary for the protection of the public interest; or
C1. When a child has committed a misdemeanor offense involving (i) shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii) carrying a weapon on school property in violation of § 18.2-308.1 and, although the offense was not committed in the presence of the officer who makes the arrest, the arrest is based on probable cause on reasonable complaint of a person who observed the alleged offense; or
D. When there is probable cause to believe that a child has committed an offense which if committed by an adult would be a felony; or
E. When a law-enforcement officer has probable cause to believe that a person committed to the Department of Juvenile Justice as a child has run away or that a child has escaped from a jail or detention home; or
F. When a law-enforcement officer has probable cause to believe a child has run away from a residential, child-caring facility or home in which he had been placed by the court, the local department of social services or a licensed child welfare agency; or
G. When a law-enforcement officer has probable cause to believe that a child (i) has run away from home or (ii) is without adult supervision at such hours of the night and under such circumstances that the law-enforcement officer reasonably concludes that there is a clear and substantial danger to the child's welfare; or
H. When a child is believed to be in need of inpatient treatment for mental illness as provided in § 16.1-340.
Code 1950, § 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977, c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985, c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747; 2026, c. 873.
Notes of Decisions
Roberts v. Commonwealth, 445 S.E.2d 709 (Va. Ct. App. 1994).
· cites it 2× “” Code § 16.1-246(B). Pursuant to Code § 16.”
Grigg v. Commonwealth, 297 S.E.2d 799 (Va. 1982).
· cites it 2× “Code §§ 16.1-246(B) and - 279(C)(5), we believe the burden applicable to this case should be greater than the standard used in the ordinary civil matter.”
Moss v. Commonwealth, 516 S.E.2d 246 (Va. Ct. App. 1999).
· cites it 2× “Upon determining that Moss was a juvenile, the officers took him into custody pursuant to Code § 16.1-246. A lawful custodial arrest authorizes a full search of the person.”
Dorsey v. Commonwealth, 526 S.E.2d 787 (Va. Ct. App. 2000).
· cites it 2× “Although a party has been admitted to bail, if the amount of any bond is subsequently deemed insufficient, or the security taken inadequate, the attorney for the Commonwealth of the county or city in which the accused or juvenile taken into custody pursuant to § 16.1-246 is held…”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994).
· cites it 2× “9 in order to protect them from imminent harm to be afforded different procedural protections than children taken into custody under Va.Code § 16.1-246(B)-(D) on suspicion of criminal or other misconduct.”
Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009).
· cites it 2× “2-119: "` Person ' means any accused, or any juvenile taken into custody pursuant to § 16.1-246." The Commission argues that nothing in the Code justified the exception Judge Taylor carved out for a juvenile held "post-adjudication/pre-disposition.”
Snell v. Com., 659 S.E.2d 510 (Va. 2008).
· cites it 2× “The Court of Appeals held that Officer Brazzo had probable cause to suspect Snell was a runaway juvenile and that Code § 16.1-246(G) provided statutory authority for the initial detention.”
Matthew Snell v. Commonwealth (Va. Ct. App. 2007).
· cites it 2× “2 Probable cause did not expire when Snell told the officers he was eighteen. The officers were under no obligation to take Snell’s word for it ⎯ particularly since Snell looked younger than eighteen and had already tried, albeit unsuccessfully, to avoid capture.”
— Va. Code Ann. § 16.1-246(B) — 3 cases
Grigg v. Commonwealth, 297 S.E.2d 799 (Va. 1982).
“Code §§ 16.1-246(B) and - 279(C)(5), we believe the burden applicable to this case should be greater than the standard used in the ordinary civil matter.”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994).
“9 in order to protect them from imminent harm to be afforded different procedural protections than children taken into custody under Va.Code § 16.1-246(B)-(D) on suspicion of criminal or other misconduct.”
— Va. Code Ann. § 16.1-246(G) — 2 cases
Snell v. Com., 659 S.E.2d 510 (Va. 2008).
“The Court of Appeals held that Officer Brazzo had probable cause to suspect Snell was a runaway juvenile and that Code § 16.1-246(G) provided statutory authority for the initial detention.”
Matthew Snell v. Commonwealth (Va. Ct. App. 2007).
“2 Probable cause did not expire when Snell told the officers he was eighteen. The officers were under no obligation to take Snell’s word for it ⎯ particularly since Snell looked younger than eighteen and had already tried, albeit unsuccessfully, to avoid capture.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.