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Chapter 62     Entire Code
‹ Chapter 61  |  Chapter 63 › Printer Friendly Versions
Chapter 62  |  Article 62 - 11  |  Section 7
WVC 62- CHAPTER 62. CRIMINAL PROCEDURE.
WVC -11- ARTICLE 11. FRESH PURSUIT.

WVC 62-11-1 §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.

WVC 62-11-2 §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.

WVC 62-11-3 §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 lawful.

WVC 62-11-4 §62-11-4. "State" includes District of Columbia.
For the purpose of this article the word "state" shall include the District of Columbia.

WVC 62-11-5 §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.

WVC 62-11-6 §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.

WVC 62-11-7 §62-11-7. How article cited.
This article may be cited as the "Uniform Act on Fresh Pursuit."

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§62 - 11 C- 5 - (Amended Code)
§62 - 11 C- 7 - (Amended Code)
§62 - 11 F- 1 - (New Code)
§62 - 11 F- 2 - (New Code)
§62 - 11 F- 3 - (New Code)
§62 - 11 F- 4 - (New Code)
§62 - 11 F- 5 - (New Code)
SENATE BILL - 307
PASSED - Regular Session

SB307 SUB1 ENR2  (Uploaded - 03/26/2014)
SB307 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to pretrial management of persons charged with committing crimes
§62 - 12 - 13 - (Amended Code)
SENATE BILL - 408
PASSED - Regular Session

SB408 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to parole
§62 - 12 - 13 B - (New Code)
HOUSE BILL - 4210
PASSED - Regular Session

HB4210 SUB ENR  (Uploaded - 03/25/2014)
Juvenile sentencing reform
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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