Va. Code » Title 52. Police (State) » Chapter 4. Arrests by State Police
Virginia Code

Va. Code Ann. § 52-21 (2026)

Procedure after arrest without warrant

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Except in the case of a violation of a provision of Title 46.2, in which case the officer making the arrest shall proceed as provided in § 46.2-936, the officer making the arrest shall forthwith bring the person so arrested before an officer authorized to issue criminal warrants in the county or city where the arrest is made. The officer before whom such person is brought shall proceed to examine the officer making the arrest. If the officer before whom such person is brought has reasonable grounds upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue such a warrant as might have been issued prior to the arrest of such person under the provisions of § 19.2-72. If such a warrant is issued the case shall thereafter be disposed of in like manner as though the warrant had been issued prior to the arrest. If such a warrant be not issued the person so arrested shall be released.

1942, p. 481; Michie Code 1942, § 4827a; 1960, c. 375; 1962, c. 22; 1982, c. 35.

Notes of Decisions
Cited in 4 cases, 1953–1989 · leading case: Walter v. Commonwealth, 382 S.E.2d 484 (Va. Ct. App. 1989).
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Walter v. Commonwealth, 382 S.E.2d 484 (Va. Ct. App. 1989). · cites it 11× “Walter claims that his arrest was invalid because Code § 52-21 required the officer to take him before a City of Fredericksburg magistrate, as the warrantless arrest occurred in Fredericksburg.”
Gooch v. City of Lynchburg, 110 S.E.2d 236 (Va. 1959). · cites it 4× “886, was made but § 52-21, Code 1950, was cited and relied upon in support of the motion.”
Holt v. City of Richmond, 131 S.E.2d 394 (Va. 1963). · cites it 3× “Constitution; Section 9, Article 1, Constitution of Virginia and Virginia Code, §§ 52-21, as amended, 19.1-98 and 19.1-110.”
Campbell v. Commonwealth, 75 S.E.2d 468 (Va. 1953). “2d 611 , where we held that the arresting officer had violated the mandate of the statute (§ 52-21, Code, 1950) in not producing one accused of driving while under the influence of intoxicants “forthwith” before a judicial officer so that the question of his sobriety might be…”
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