Chap. 335.—-An ACT concerning arrests of peace officers, providing for the ques-
tioning and detention of suspects, searching suspects for weapons, the force
permissible in making and resisting arrests, arrests without a warrant, the
release and detention of persons arrested and the identification of witnesses, and
prescribing penalties and making uniform the law relating thereto. [H B 306]

Approved March 31, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Definitions.—The following words, terms and phrases
as used in this act are, for the purposes thereof, hereby defined as follows:

(a) “Arrest” is the taking of a person into custody in order that
he may be forthcoming to answer for the commission of a crime.

(b) “Felony” is any crime which is punishable by death or con-
finement in the penitentiary. Any other crime or any violation of a county
or municipal ordinance punishable by fine or imprisonment is a misde-
meanor.

(c) “Peace Officer” is any public officer authorized by law to make
arrests in a criminal case, except conservators of the peace as defined by
section forty-seven hundred eighty-nine of the Code.

(d) “Emergency War or Defense Activity Area” is any area in
the State which by reason of apprehension of sabotage or undue violence
or other threatened danger to the safety of the people or the prosecution
of the war or defense efforts therein the Governor proclaims to be such
an area.

Section 1 (a) The provisions of this act shall not be applicable
in any part or area of the State save and except “an emergency war or de-
fense activity area” as defined in subsection (d) of section one of this act.

Section 2. Questioning and Detaining Suspects.—

(1) A peace officer may stop any person abroad whom he has rea-
sonable ground to suspect is committing, has committed or is about to
commit a crime, and may demand of him his name, address, business
abroad and whither he is going.

(2) Any person so questioned who fails to identify himself or ex-
plain his actions to the satisfaction of the officer may be detained and
further questioned and investigated.

(3) The total period of detention provided for by this section shall
not exceed six hours. The detention is not an arrest and shall not be re-
corded as an arrest in any official record. At the end of the detention the
person so detained shall be released or be arrested and charged with a
crime.

_ Section 3. Searching for Weapons.—A peace officer may search
for a dangerous weapon any person whom he has stopped or detained to
question as provided in section two, whenever he has reasonable ground
to believe that he is in danger if the person possesses a dangerous weapon.
It the officer finds a weapon, he may take and keep it until the completion
of the questioning, when he shall either return it or arrest the person,
but the arrest may be for the illegal possession of the weapon.

Section 4. Arrest—Permissible Force.—

(1) No unreasonable force or means of restraint shall be used in
detaining or arresting any person.
2) <A peace officer who is making an arrest need not retreat or
lesist from his efforts by reason of the resistance or threatened resistance
of the person being arrested, nor shall he be deemed an aggressor or lose
ais right to self-defense by the use of reasonable force to effect an arrest.

(3) A peace officer, who has reasonable ground to believe that the
person to be arrested has committed a felony, is justified in using force
Jangerous to human life in making an arrest only when: - a

(a) There is no other apparent means of making the arrest, and

(b) The officer has made a reasonable effort to advise the person
to be arrested that he is a peace officer and is making an arrest.

Section 5. Resisting Arrest—If a person has reasonable grounds
for believing that he is being arrested by a peace officer, it is his duty
to submit to arrest and refrain from using force or any weapon in resisting
arrest regardless of whether or not there is a legal basis for the arrest.

Section 6. Arrest Without a Warrant.—

(1) An arrest by a peace officer without a warrant for a misde-
meanor is lawful whenever: -

(a) He has reasonable ground to believe that the person to be
arrested has committed a misdemeanor in his presence. ,

- (b) He has reasonable ground to believe that the person to be
arrested has committed a misdemeanor out of his presence within the
State, and will not be apprehended unless immediately arrested.

(2) An arrest by a peace officer without a warrant for a felony,
whether committed within or without the State, is lawful whenever:

(a) He-has reasonable ground to believe that the person to be ar-
rested has committed a felony.

- (b)_ A felony has actually been committed by the person to be ar-
rested although before making the arrest the officer had no reasonable
ground to believe the person committed it.

Section 7. Arrest on Improper Grounds.—If a lawful cause of ar-
rest exists, the arrest is lawful even though the officer charges the wrong
offense. :

Section 8. Arrest Under a Warrant Not in Officer’s Possession.—
An arrest by a peace officer acting under a warrant is lawful even though
the officer does not. have the warrant in his possession at the time of the
arrest, but the warrant shall be shown to the person so arrested as soon
as practicable.

Section 9. Nothing in this act shall be construed as in any way im-
pairing the existing authorities or powers of peace officers to make arrests

Section 10. Identification of Witnesses—-Whenever a peace of:
ficer has reasonable ground to believe that a crime has been committed
he may stop any person whom he has reasonable ground to believe was
present thereat and may demand of him his name and address. If the per.
son fails to identify himself to the satisfaction of the officer, he may take
the person forthwith before a trial justice, police justice or civil and polic
justice. If the person fails to identify himself to the satisfaction of the
justice, the latter may require him to furnish bond or may commit him te
jail until he so identifies himself.
Section 11. Severability —If any provision of this act or the applica-
tion thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the act which can be
given effect without the invalid provision or application, and to this enc
the provisions of this act are declared to be severable. :

This act shall remain in full force and effect until March fifteenth,
nineteen hundred and forty-four.