A magistrate shall have the following powers only:
(1) To issue process of arrest in accord with the provisions of §§ 19.2-71 to 19.2-82 of the Code;
(2) To issue search warrants in accord with the provisions of §§ 19.2-52 to 19.2-60 of the Code;
(3) To admit to bail or commit to jail all persons charged with offenses subject to the limitations of and in accord with general laws on bail;
(4) The same power to issue warrants and subpoenas as is conferred upon district courts and as limited by the provisions of §§ 19.2-71 through 19.2-82. A copy of all felony warrants issued at the request of a citizen shall be promptly delivered to the attorney for the Commonwealth for the county or city in which the warrant is returnable. Upon the request of the attorney for the Commonwealth, a copy of any misdemeanor warrant issued at the request of a citizen shall be delivered to the attorney for the Commonwealth for such county or city. All attachments, warrants and subpoenas shall be returnable before a district court;
(5) To issue civil warrants directed to the sheriff or constable of the county or city wherein the defendant resides, together with a copy thereof, requiring him to summon the person against whom the claim is, to appear before a district court on a certain day, not exceeding 30 days from the date thereof to answer such claim. If there be two or more defendants and any defendant resides outside the jurisdiction in which the warrant is issued, the summons for such defendant residing outside the jurisdiction may be directed to the sheriff of the county or city of his residence, and such warrant may be served and returned as provided in § 16.1-80;
(6) To administer oaths and take acknowledgments;
(7) To act as conservators of the peace;
(8), (9) [Repealed.]
(10) To perform such other acts or functions specifically authorized by law.
Code 1950, § 19.1-394; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1976, c. 471; 1977, c. 332; 1978, cc. 500, 605; 1985, c. 77; 2007, cc. 122, 373; 2008, cc. 551, 691; 2009, cc. 291, 344; 2018, c. 164.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1979–2025 · leading case:
Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995).
Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995).
· cites it 2× “See Code § 19.2-45. Thus, for the foregoing reasons, we hold that the juvenile intake system does not violate the Virginia Constitution’s doctrine of separation of powers.”
Pressly v. Gregory, 831 F.2d 514 (4th Cir. 1987).
“See Va. Code §§ 19.2-45, 119, and 123. It simply cannot be plausibly asserted that magistrate Gregory clearly and unmistakably lacked jurisdiction in this instance.”
Lamb v. Hutto, 467 F. Supp. 562 (E.D. Va. 1979).
· cites it 2× “Defendants’ contention that plaintiff was afforded due process when he was permitted to present his claims to a state magistrate (who determined the claims did not require the issuance of warrants against the defendants) is without merit.”
Fenner v. Dawes, 748 F. Supp. 404 (E.D. Va. 1990).
· cites it 2× “” Va.Code Ann. § 19.2-45(2). Section 19.2-56, quoted in full above, specifically sets forth in detail what the warrant “shall command.”
Robinson v. Goff, 517 F. Supp. 350 (W.D. Va. 1981).
· cites it 2× “Virginia Code § 19.2-45 provides that “a magistrate shall have the power to issue the process of arrest in accordance with the provisions of § 19.”
Tanksley v. Rose, No. 3:19-cv-00229 (E.D. Va. Jan. 7, 2020).
· cites it 3× “See Va. Code §§ 19.2-45, 19.2-72. As a result, Defendant Magistrate Ozlin was acting in his judicial capacity when the alleged acts giving rise to Plaintiff's claims occurred and is, thus, entitled to judicial immunity from civil liability because Plaintiff seeks only monetary…”
Barksdale v. Cnty. of Grayson, No. 7:25-cv-00196 (W.D. Va. Apr. 21, 2025).
“Code § 19.2-45. Clearly, determining whether there is probable cause to issue an arrest warrant is one of the tasks normally performed by a judge in the district courts, and Long is entitled to absolute immunity for her exercise of this judicial function.”
Commonwealth v. Stepp, 45 Va. Cir. 263 (Loudoun Cir. Ct. 1998).
“A magistrate has the power under § 19.2-45(2) to issue a search warrant. Search warrants are executed by law enforcement officers under § 19.”
Va. Code Ann. § 19.2-45(2): 2 cases
Fenner v. Dawes, 748 F. Supp. 404 (E.D. Va. 1990).
“” Va.Code Ann. § 19.2-45(2). Section 19.2-56, quoted in full above, specifically sets forth in detail what the warrant “shall command.”
Commonwealth v. Stepp, 45 Va. Cir. 263 (Loudoun Cir. Ct. 1998).
“A magistrate has the power under § 19.2-45(2) to issue a search warrant. Search warrants are executed by law enforcement officers under § 19.”
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