Virginia Code

Va. Code Ann. § 19.2-81 (2026)

Arrest without warrant authorized in certain cases

✓ current as of May 2026

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A. The following officers shall have the powers of arrest as provided in this section:

1. Members of the State Police force of the Commonwealth;

2. Sheriffs of the various counties and cities, and their deputies;

3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth;

4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to § 28.2-900;

5. Regular conservation police officers appointed pursuant to § 29.1-200;

6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under § 29.1-205 to make arrests;

7. Conservation officers appointed pursuant to § 10.1-115;

8. Full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217;

9. Special agents of the Virginia Alcoholic Beverage Control Authority or the Virginia Cannabis Control Authority;

10. Campus police officers appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; and

11. Members of the Division of Capitol Police.

B. Such officers may arrest without a warrant any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.

Such officers may arrest without a warrant any person whom the officer has probable cause to suspect of operating any watercraft or motorboat while (i) intoxicated in violation of subsection B of § 29.1-738 or a substantially similar ordinance of any county, city, or town in the Commonwealth or (ii) in violation of an order issued pursuant to § 29.1-738.4 and may thereafter transfer custody of the person arrested to another officer, who may obtain a warrant based upon statements made to him by the arresting officer.

C. Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defined in § 29.1-733.2 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. For purposes of this section, "the scene of any accident" shall include a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public.

D. Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating a motor vehicle, watercraft or motorboat while intoxicated in violation of § 18.2-266, 18.2-266.1, 46.2-341.24, or subsection B of § 29.1-738; or a substantially similar ordinance of any county, city, or town in the Commonwealth, whether or not the offense was committed in such officer's presence. Such officers may, within three hours of the alleged offense, arrest without a warrant at any location any person whom the officer has probable cause to suspect of operating a watercraft or motorboat in violation of an order issued pursuant to § 29.1-738.4, whether or not the offense was committed in such officer's presence.

E. Such officers may arrest, without a warrant or a capias, persons duly charged with a crime in another jurisdiction upon receipt of a photocopy of a warrant or a capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably accurate description of such person wanted and the crime alleged.

F. Such officers may arrest, without a warrant or a capias, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law-enforcement agency within the Commonwealth that a warrant or capias for such offense is on file.

G. Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting in violation of § 18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon on school property in violation of § 18.2-308.1, (iii) assault and battery, (iv) brandishing a firearm in violation of § 18.2-282, or (v) destruction of property in violation of § 18.2-137, when such property is located on premises used for business or commercial purposes, or a similar local ordinance, when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. The arresting officer may issue a summons to any person arrested under this section for a misdemeanor violation involving shoplifting.

Code 1950, § 19.1-100; 1960, c. 366; 1974, c. 241; 1975, c. 495; 1976, cc. 515, 570; 1977, c. 97; 1979, c. 268; 1982, c. 272; 1983, c. 206; 1984, c. 534; 1985, c. 507; 1988, cc. 353, 744, 752, 853; 1989, c. 726; 1990, cc. 635, 744, 784; 1995, c. 465; 1996, cc. 866, 929, 1015; 1998, c. 684; 2004, c. 949; 2005, cc. 88, 435; 2008, cc. 460, 737; 2010, c. 840; 2011, cc. 510, 643; 2012, c. 776; 2013, c. 787; 2014, c. 543; 2015, cc. 38, 730; 2017, c. 208; 2026, Sp. Sess. I, c. 1.

Notes of Decisions

Cited in 109 cases (10 in the last 5 years), 1977–2026 · leading case: Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003).

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Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003). · cites it 16× “Smith addressed the meaning of "scene of the accident" in the context of Code § 19.2-81, the statute allowing an arrest without a warrant.”

Harris v. Commonwealth, 576 S.E.2d 228 (Va. Ct. App. 2003). · cites it 31× “Upon the conclusion of the evidence in his bench trial, Harris moved to strike the charge, arguing that Code § 19.2-81 required Officer Linger to obtain a warrant to charge a misdemeanor offense not committed in his presence.”

Roseborough v. Commonwealth, 688 S.E.2d 882 (Va. Ct. App. 2010). · cites it 82× “He bases this argument on the fact that, although the officer had probable cause for appellant's arrest, he had not seen appellant commit the DWI, as required for a misdemeanor arrest under Code § 19.2-81. Assuming without deciding that the officer lacked the statutory authority…”

Penn v. Commonwealth, 412 S.E.2d 189 (Va. Ct. App. 1991). · cites it 32× “He contends *402 that his warrantless arrest for littering violated Code § 19.2-81 because the misdemeanor offense was not committed in the presence of the arresting officer.”

Smith v. Commonwealth, 527 S.E.2d 456 (Va. Ct. App. 2000). · cites it 31× “We hold that appellant’s arrest was valid because it occurred at the scene of the accident within the meaning of Code § 19.2-81, and we affirm her conviction.”

Foote v. Commonwealth, 396 S.E.2d 851 (Va. Ct. App. 1990). · cites it 16× “He contends that the arrest was unlawful because the police officer did not comply with former Code § 19.2-81 authorizing certain officers to make an arrest without a warrant provided “such officers are in uniform, or displaying a badge of office” [and] “such officers may arrest…”

Archer v. Commonwealth, 492 S.E.2d 826 (Va. Ct. App. 1997). · cites it 6× “2-81, however, a police officer “may arrest, without a warrant, for an alleged misdemeanor not committed in his presence when the officer receives a radio message from his department or other law enforcement agency within the Commonwealth that a warrant for such offense is on…”

McCracken v. Commonwealth, 572 S.E.2d 493 (Va. Ct. App. 2002). · cites it 8× “Code § 19.2-81, the statute applicable here, provides in pertinent part that a sheriffs deputy "may arrest, without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having…”

Thompson v. Commonwealth, 390 S.E.2d 198 (Va. Ct. App. 1990). · cites it 12× “At trial Thompson made a motion to suppress his confession as the fruit of an illegal arrest, contending that when he confessed, he had been illegally arrested without a warrant in violation of Code § 19.2-81 1 for a misdemeanor larceny not committed in the presence of the…”

Davis v. Commonwealth, 440 S.E.2d 426 (Va. Ct. App. 1994). · cites it 16× “It distinguished between an arrest and the issuance of a summons within the context of Code § 19.2-81, which authorizes certain arrests without a warrant.”

Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “3(a) (2000) (where officer has probable cause to believe that "a crime" is committed in his presence); see also Rule 3(c) (law enforcement officer acting without warrant who is authorized to arrest a person for a misdemeanor should generally issue a citation to appear before a…”

Moore v. Commonwealth, 609 S.E.2d 74 (Va. Ct. App. 2005). · cites it 12× “In Penn , this Court considered whether to exclude evidence obtained by a police officer incident to an arrest that violated Code § 19.2-81, a statute granting police the authority to arrest for misdemeanors only when committed in their presence.”

Show all 109 citing cases →

— Va. Code Ann. § 19.2-81(B) — 9 cases

Najee Finique Hairston v. Commonwealth of Virginia, 797 S.E.2d 794 (Va. Ct. App. 2017).

McGhee v. Com., 701 S.E.2d 58 (Va. 2010).

Foltz v. Commonwealth, 706 S.E.2d 914 (Va. Ct. App. 2011).

Commonwealth v. Valdez, 87 Va. Cir. 386 (Charlottesville Cir. Ct. 2014).

Adrian Salvatore Lewis v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 19.2-81(D) — 4 cases

Commonwealth v. Valdez, 87 Va. Cir. 386 (Charlottesville Cir. Ct. 2014).

Ramey v. Hartman (W.D. Va. 2020).

Dmitri I. Medvedev v. Henrico Cnty. (Va. Ct. App. 2017).

Commonwealth v. Walsh, 86 Va. Cir. 532 (Martinsville Cir. Ct. 2013).

— Va. Code Ann. § 19.2-81(F) — 1 case

Sidney v. Com., 702 S.E.2d 124 (Va. 2010).

— Va. Code Ann. § 19.2-81(G) — 1 case

Reva Nicole English v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 19.2-81(G)(iii) — 1 case

Shafer v. Commonwealth Of Virginia (W.D. Va. 2021).

— Va. Code Ann. § 19.2-81(G)(iv) — 1 case

Zollie Rufus Barrett v. Commonwealth of Virginia (Va. Ct. App. 2026).

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