There are two types of arrest; those made pursuant to a warrant issued by a judge or magistrate based on probable cause, and those made without a warrant. The law favors arrest warrants opposed to warrantless arrests because a neutral third person (i.e., a magistrate or judge) has had the opportunity to hear facts supporting it and has made the determination that probable cause exits. Typically, it is the magistrate who will issue an arrest warrant when a police officer or a citizen comes to him and swears under oath to certain facts that constitute a crime, and identifies the person who committed the acts. A warrantless arrest may occur when a law enforcement officer has personal information that gives him or her probable cause to believe a crime has been committed and the person arrested committed that crime. Even if he has not personally observed the conduct, in certain instances specified by the Code of Virginia, an officer can make a warrantless arrest based on information he received from a third party. An example of this would be a case of assault and battery.

Frequently Asked Questions

 


Q: When Can an Arrest be Made?

A:

There are two types of arrest; those made pursuant to a warrant issued by a judge or magistrate based on probable cause, and those made without a warrant.

The law favors arrest warrants opposed to warrantless arrests because a neutral third person (i.e., a magistrate or judge) has had the opportunity to hear facts supporting it and has made the determination that probable cause exits. Typically, it is the magistrate who will issue an arrest warrant when a police officer or a citizen comes to him and swears under oath to certain facts that constitute a crime, and identifies the person who committed the acts.

A warrantless arrest may occur when a law enforcement officer has personal information that gives him or her probable cause to believe a crime has been committed and the person arrested committed that crime. Even if he has not personally observed the conduct, in certain instances specified by the Code of Virginia, an officer can make a warrantless arrest based on information he received from a third party. An example of this would be a case of assault and battery.


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