CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11. FRESH PURSUIT.
§62-11-1. Arrests within state by nonresident peace officer.
Any member of a duly organized state, county or municipal
peace unit of another state of the United States who enters this
state in fresh pursuit, and continues within this state in such
fresh pursuit, of a person in order to arrest him on the ground
that he is believed to have committed a felony in such other state,
shall have the same authority to arrest and hold such person in
custody, as has any member of any duly organized state, county or
municipal peace unit of this state to arrest and hold in custody a
person on the ground that he is believed to have committed a felony
in this state.
§62-11-2. Procedure upon arrest.
If an arrest is made in this state by an officer of another
state in accordance with the provisions of section one of this
article he shall without unnecessary delay take the person arrested
before a magistrate of the county in which the arrest was made, who
shall conduct a hearing for the purpose of determining the
lawfulness of the arrest. If the magistrate determines that the
arrest was lawful he shall commit the person arrested to await for
a reasonable time the issuance of an extradition warrant by the
governor of this state. If the magistrate determines that the
arrest was unlawful he shall discharge the person arrested.
§62-11-3. Construction of §62-11-1.
Section one of this article shall not be construed so as to
make unlawful any arrest in this state which would otherwise be
§62-11-4. "State" includes District of Columbia.
For the purpose of this article the word "state" shall include
the District of Columbia.
§62-11-5. "Fresh pursuit" defined.
The term "fresh pursuit" as used in this article shall include
fresh pursuit as defined by the common law, and also the pursuit of
a person who has committed a felony or who is reasonably suspected
of having committed a felony. It shall also include the pursuit of
a person suspected of having committed a supposed felony, though no
felony has actually been committed, if there is reasonable ground
for believing that a felony has been committed. Fresh pursuit as
used herein shall not necessarily imply instant pursuit, but
pursuit without unreasonable delay.
§62-11-6. Secretary of state to certify article.
It shall be the duty of the secretary of state (or other
officer) to certify a copy of this article to the executive
department of each of the states of the United States.
§62-11-7. How article cited.
This article may be cited as the "Uniform Act on Fresh
Note: WV Code updated with legislation passed through the 2016 Regular Session
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