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VA · jury_instructions

Va. Model Jury Instr. Crim. No. 35.220

Lawful Discharge of Duty in Making Arrest—Definition

activein force · 2025-10-01 – presentcompiled-edition

The lawful discharge of duty in making an arrest requires (1) that the officer making the arrest

has the authority to do so and (2) that the conduct of the officer in making the arrest is lawful.

An officer has the authority to make an arrest [when he has in his possession a warrant for the

arrest of the person he is seeking to arrest; when he has reasonable grounds or probable cause to believe

that the person he is seeking to arrest has committed, or been charged with, a felony; when he observes a

crime being committed in his presence by the person he is seeking to arrest; when there is probable

cause based upon a reasonable complaint of a person who has observed a misdemeanor involving

shoplifting, even though the offense was not committed in the officer’s presence; when there is probable

cause based upon a reasonable complaint of a person who has observed a misdemeanor involving

carrying a weapon on school property, property open to the public which is being used for a school

sponsored function, or a school bus, even though the offense was not committed in the officer’s

presence].

An officer having the authority to make an arrest must be in uniform or must display his badge

to the person he is seeking to arrest. The officer may use whatever force is reasonably necessary

to arrest a person. He is not required to inform the person of the charges against him until that

person has been arrested.

History

Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.

Provenance

Source
vacourts.gov
Retrieved
2026-10-11
Edition
crim-2025-10-01
Content hash
8ce2f9a00195a07735c77e42b17e1092e3335fdc52de2da8fdb1b528089e81fa
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