Whenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him, such officer, with or without a warrant, may pursue such person anywhere in the Commonwealth and, when actually in close pursuit, may arrest him wherever he is found. If the arrest is made in a county or city adjoining that from which the accused fled, or in any area of the Commonwealth within one mile of the boundary of the county or city from which he fled, the officer may forthwith return the accused before the proper official of the county or city from which he fled. If the arrest is made beyond the foregoing limits, the officer shall proceed according to the provisions of § 19.2-76, and if such arrest is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with the offense committed in the county or city from which he fled and any offense committed during the close pursuit in the county or city where such offense was committed.
Code 1950, § 19.1-94; 1960, c. 366; 1975, c. 495; 1992, c. 881; 2008, cc. 551, 691; 2022, c. 326.
Notes of Decisions
McCracken v. Commonwealth, 572 S.E.2d 493 (Va. Ct. App. 2002).
· cites it 4× “Here, I would hold appellant was not entitled to use reasonable force to resist his arrest because the arrest was not unlawful in the sense required to permit him to resist the arrest, and I concur in the majority's conclusion that the officers used no more force than was…”
Neiss v. Commonwealth, 433 S.E.2d 262 (Va. Ct. App. 1993).
· cites it 10× “Under Code § 19.2-77, a police officer may arrest a person anywhere within the Commonwealth, if the officer is in “close pursuit” of the person, and the person is fleeing from an officer attempting to make an arrest or is escaping police custody.”
Hall v. Commonwealth, 389 S.E.2d 921 (Va. Ct. App. 1990).
· cites it 5× “Code § 23-234(iii) provides that campus police officers may exercise their powers and duties while in close pursuit as provided in Code § 19.2-77. Code § 19.2-77 provides, in pertinent part, that “[wjhenever a person in the custody of an officer shall escape or whenever a person…”
Clarke v. Commonwealth, 527 S.E.2d 484 (Va. Ct. App. 2000).
· cites it 2× “Thus, having complied with Officer Sypher’s show of authority, Clarke was not free to leave the scene until Sypher completed his investigation of Clarke’s license plate.”
Brown v. Commonwealth, 497 S.E.2d 527 (Va. Ct. App. 1998).
· cites it 2× “See Code §§ 19.2-77, 19.2-81, 19.2-100. The lawfulness of an attempted arrest is determined by those code sections.”
Castell v. Commonwealth, 454 S.E.2d 16 (Va. Ct. App. 1995).
· cites it 2× “2-479 is consistent with Code § 19.2-77, which provides for police pursuit “[wjhenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him.”
Boatwright v. Commonwealth, 647 S.E.2d 515 (Va. Ct. App. 2007).
· cites it 2× “An exception to these jurisdictional restrictions is set forth in Code § 19.2-77, where “the officer is in ‘close pursuit' of the person, and the person is fleeing from an officer attempting to make an arrest or is escaping police custody.”
Marks v. Crawford, 882 F. Supp. 530 (E.D. Va. 1993).
· cites it 2× “See Va.Code Ann. § 19.2-77 (Michié 1990) (authorizing law enforcement officers to pursue persons who flee from an officer attempting to arrest him).”
Councill v. Commonwealth, 560 S.E.2d 472 (Va. Ct. App. 2002).
“2-1727 between the governing board of a public or private institution and such other institution of higher education, public or private, in the Commonwealth or adjacent political subdivisions, (in) in close pursuit of a person as provided in § 19.2-77, and (iv) upon approval by…”
Mark Austin Martin v. Commonwealth of Virginia, No. 1219173 (Va. Ct. App. May 8, 2018).
· cites it 16× “Martin appeals this decision and argues that the circuit court erred by overruling his motion to suppress the evidence that resulted from a traffic stop by a campus police officer beyond that officer’s territorial jurisdiction and without authority under Code § 19.2-77 as…”
Castell v. Commonwealth, 461 S.E.2d 438 (Va. Ct. App. 1995).
· cites it 8× “2-77 states as follows: Whenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him, such officer, with or without a warrant, may pursue such a person anywhere in the Commonwealth and, when actually in…”
Hall v. Com., 389 S.E.2d 921 (Va. Ct. App. 1990).
· cites it 5× “Code § 23-234(iii) provides that campus police officers may exercise their powers and duties while in close pursuit as provided in Code § 19.2-77. Code § 19.2-77 provides, in pertinent part, that "[w]henever a person in the custody of an officer shall escape or whenever a person…”
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