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The DC Code: § 23-581 Arrests without warrant by law enforcement officers.

Index23 Criminal Procedure. (Refs & Annos)

Offense:                                 Specified in--

Assault ................................ section 806 (D.C. Official Code, sec.

22-404).

Unlawful entry ......................... section 824 (D.C. Official Code, sec.

22-3302).

Malicious burning, destruction or

injury of another's property ......... section 848 (D. C. Official Code §

22-303).

Offense                                Specified in

Voyeurism ............................ Section 105 (D.C. Official Code §

22-3531).

Offense:                           Specified in--

Theft of property valued less

than $250 ...................... section 111 [D.C. Official Code, § 22-3211].

Receiving stolen property ........ section 132 [D.C. Official Code, § 22-3232].

Shoplifting ...................... section 113 [D.C. Official Code, § 22-3213].

Offense:                           Specified in--

Theft of property valued in

excess of $250 ................. section 111 [D.C. Official Code, § 22-3211].

Unauthorized use of vehicles ..... section 115 [D.C. Official Code, § 22-3215].

Offense:                                    Specified in--

Unauthorized Disposal of Solid Waste ...... section 3 [D.C. Official Code, §

8-902].

Offense:                                         Specified in--

Illegal Construction ........................... Section 113.7 (12A DCMR §

113.7).

Offense:                                  Specified in--

Reckless driving ........................ section 9(b) (D.C. Official Code §

50-2201.04(b))

Fleeing from the scene of an accident ... section 10(a) (D.C. Official Code §

50-2201.05(a))

Operating or physically controlling a

vehicle when under the influence of

intoxicating liquor or drugs, when

operating ability is impaired by

intoxicating liquor, or when the

operator's blood, breath, or urine

contains the amount of alcohol which

is prohibited by section 10(b) ........ section 10(b) (D.C. Official Code §

50-2201.05(b))

Operating a motor vehicle when the

operator's permit is revoked or

suspended ............................. section 13(e) (D.C. Official Code §

50-1403.01(e)).

a
(1) A law enforcement officer may arrest, without a warrant having previously been issued therefor --
A
a person who he has probable cause to believe has committed or is committing a felony;
B
a person who he has probable cause to believe has committed or is committing an offense in his presence;
C
a person who he has probable cause to believe has committed or is about to commit any offense listed in paragraph (2) and, unless immediately arrested, may not be apprehended, may cause injury to others, or may tamper with, dispose of, or destroy evidence; and
D
a person whom he has probable cause to believe has committed any offense which is listed in paragraph (3) of this section, if the officer has reasonable grounds to believe that, unless the person is immediately arrested, reliable evidence of alcohol or drug use may become unavailable or the person may cause personal injury or property damage.
2
The offenses referred to in subparagraph (C) of paragraph (1) are the following:
A
The following offenses specified in the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, and listed in the following table:
B
The following offense specified in the Omnibus Public Safety Amendment Act of 2006, effective April 24, 2007 (D.C. Law 16-306; 53 DCR 8610):
C
The following offenses specified in the District of Columbia Theft and White Collar Crimes Act of 1982, and listed in the following table:
D
Attempts to commit the following offenses specified in the Act and listed in the following table:
E
The following offenses specified in the Illegal Dumping Enforcement Act of 1994 [Chapter 9 of Title 8], and listed in the following table:
F
The following offenses specified in section 113.7 of Title 12A of the District of Columbia Municipal Regulations (12A DCMR § 113.7).
3
The offenses which are referred to in paragraph (1)(D) of this section are the following offenses specified in the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1119; D.C. Official Code § 50-2201.01 et seq.), and listed in the following table:
a-1
A law enforcement officer may arrest a person without an arrest warrant if the officer has probable cause to believe the person has committed an intrafamily offense as provided in section 16-1031(a).
a-2
A law enforcement officer may arrest a person without an arrest warrant if the officer has probable cause to believe the person has committed an offense as provided in Chapter 23 of Title 22.
a-3
A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed an offense as provided in sections 22-3312.01, 22-3312.02, and 22-3312.03.
a-4
A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of unlawful entry of a motor vehicle as provided in [§ 22-1341].
a-5
A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of tampering with a detection device as provided in [§ 22-1211].
a-6
A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of engaging in an unlawful protest targeting a residence as provided in § 22- 2752.
a-7
A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of misdemeanor sexual abuse or misdemeanor sexual abuse of a child or minor as provided in sections 22-3006 and 22-3010.01.
b
A law enforcement officer may, even if his jurisdiction does not extend beyond the District of Columbia, continue beyond the District, if necessary, a pursuit commenced within the District of a person who has committed an offense or who he has probable cause to believe has committed or is committing a felony, and may arrest that person in any State the laws of which contain provisions equivalent to those of section 23-901.

Historical and Statutory

Prior Codifications 1981 Ed., § 23-581. 1973 Ed., § 23-581. Effect of Amendments D.C. Law 13-309 added subsec. (a-3). D.C. Law 15-105, in subsec. (a)(2)(E), validated a previously made technical correction. D.C. Law 16-24 added subsec. (a)(2)(F). D.C. Law 18-88, in subsec. (a)(2)(A), inserted "Malicious burning, destruction or injury of another's property .......... section 848 (D. C. Official Code § 22-303)."; rewrote subsec. (a)(2)(B); and added subsecs. (a-4) and (a-5). Prior to amendment, subsec. (a)(2)(B) read as follows: "(B) Attempts to commit burglary as specified in section 823 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (D.C. Official Code, sec. 22-801)." D.C. Law 18-374 added subsec. (a-6). D.C. Law 18-377 added subsec. (a-7). Temporary Amendments of Section Section 3 of D.C. Law 16-4 added subpar. (a)(2)(F) to read as follows: "(F) The following offenses specified in section 113.7 of Title 12A of the District of Columbia Municipal Regulations (12A DCMR § 113.7; 51 DCR 371): "Offense: Illegal construction Specified in § 113.7 (12A DCMR § 113.7)." Section 6(b) of D.C. Law 16-4 provides that the act shall expire after 225 days of its having taken effect. Section 3 of D.C. Law 17-391 added subsec. (a-4) to read as follows: "(a-4) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed an offense as provided in the GPS Anti-Tampering Emergency Act of 2008, passed on 2nd reading on January 6, 2009 (Enrolled version of Bill 17-1072).". Section 5(a) of D.C. Law 17-391 provides that the act shall expire after 225 days of its having taken effect. Temporary Addition of Section Section 2 of D.C. Law 17-391 added a section to read as follows: "Sec. 2. Tampering with detection device. "(a) It shall be unlawful for a person who is required to wear a device as a condition of supervision pursuant to a protection order, pretrial, presentence, or prediposition release, probation, supervised release, parole, or commitment to remove or intentionally alter the device, or to intentionally interfere with or mask, or attempt to interfere with or mask, the operation of the device, or to allow any unauthorized person to remove or intentionally alter the device, or to intentionally interfere with or mask, or attempt to interfere with or mask, the operation of the device. For the purposes of this section, the term 'device' includes a bracelet, anklet, or other equipment equipped with electronic monitoring capability or global positioning system technology. "(b) Whoever violates this section shall be fined not more than $1,000, imprisoned for not more than 180 days, or both." Section 5(a) of D.C. Law 17-391 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments For temporary (90 day) amendment of section, see § 3 of Abatement of Nuisance Construction Projects Emergency Amendment Act of 2005 (D.C. Act 16-42, February 17, 2005, 52 DCR 3045). For temporary (90 day) addition, see § 2 of GPS Anti-Tampering Emergency Act of 2008 (D.C. Act 17-650, January 6, 2009, 56 DCR 909). For temporary (90 day) amendment of section, see § 3 of GPS Anti-Tampering Emergency Act of 2008 (D.C. Act 17-650, January 6, 2009, 56 DCR 909). For temporary (90 day) addition, see § 2 of GPS Anti-Tampering Congressional Review Emergency Act of 2009 (D.C. Act 18-41, April 7, 2009, 56 DCR 2674). For temporary (90 day) amendment of section, see § 2 of GPS Anti-Tampering Congressional Review Emergency Act of 2009 (D.C. Act 18-41, April 7, 2009, 56 DCR 2674). For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668). For temporary (90 day) amendment of section, see §§ 204, 515 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see §§ 204, 515 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). Legislative History of Laws Law 4-164, the "District of Columbia Theft and White Collar Crimes Act of 1982," was introduced in Council and assigned Bill No. 4-133, which was referred to the Committee on the Judiciary. The Bill was adopted on first, amended first and second readings on June 22, 1982, July 6, 1982, and July 20, 1982, respectively. Signed by the Mayor on August 4, 1982, it was assigned Act No. 4-238 and transmitted to both Houses of Congress for its review. Law 5-24, the "Technical and Clarifying Amendments Act of 1983," was introduced in Council and assigned Bill No. 5-169, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 1983, and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-41 and transmitted to both Houses of Congress for its review. Law 7-104, the "Technical Amendments Act of 1987," was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 24, 1987 and December 8, 1987, respectively. Signed by the Mayor on December 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review. Law 8-261, the "District of Columbia Prevention of Domestic Violence Amendment Act of 1992," was introduced in Council and assigned Bill No. 8-192, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 26, 1990, and July 10, 1990, respectively. Signed by the Mayor on July 18, 1990, it was assigned Act No. 8-239 and transmitted to both Houses of Congress for its review. Law 9-96, the "Comprehensive Anti-Drunk Driving Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-34, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 1, 1991, and November 5, 1991, respectively. Signed by the Mayor on November 25, 1991, it was assigned Act No. 9-98 and transmitted to both Houses of Congress for its review. Law 10-54, the "Panhandling Control Act of 1993," was introduced in Council and assigned Bill No. 10-72, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 1, 1993, and June 29, 1993, respectively. Signed by the Mayor on July 16, 1993, it was assigned Act No. 10-48 and transmitted to both Houses of Congress for its review. D.C. Law 10-54 became effective on November 17, 1993. Law 10-62, the "Illegal Dumping Enforcement Temporary Act of 1993," was introduced in Council and assigned Bill No. 10-353. The Bill was adopted on first and second readings on July 13, 1993, and September 21, 1993, respectively. Signed by the Mayor on October 4, 1993, it was assigned Act No. 10-115 and transmitted to both Houses of Congress for its review. D.C. Law 10- 62 became effective on November 20, 1993. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994. Law 10-117, the "Illegal Dumping Enforcement Act of 1994," was introduced in Council and assigned Bill No. 10-249, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on December 7, 1993, and January 4, 1994, respectively. Signed by the Mayor on January 25, 1994, it was assigned Act No. 10-181 and transmitted to both Houses of Congress for its review. D.C. Law 10-117 became effective on May 20, 1994. Law 13-309, the "Anti-Graffiti Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-306, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 16, 2001, it was assigned Act No. 13-560 and transmitted to both Houses of Congress for its review. D.C. Law 13-309 became effective on June 12, 2001. Law 15-105, the "Technical Amendments Act of 2003", was introduced in Council and assigned Bill No. 15-437, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 2003, and December 2, 2003, respectively. Signed by the Mayor on January 6, 2004, it was assigned Act No. 15-291 and transmitted to both Houses of Congress for its review. D.C. Law 15-105 became effective on March 13, 2004. Law 16-4, the "Abatement of Nuisance Construction Project Amendment Temporary Act of 2005", was introduced in Council and assigned Bill No. 16-101, and was retained by Council. The Bill was adopted on first and second readings on February 1, 2005, and March 1, 2005, respectively. Signed by the Mayor on March 17, 2005, it was assigned Act No. 16-49 and transmitted to both Houses of Congress for its review. D.C. Law 16-4 became effective on May 14, 2005. Law 16-24, the "Abatement of Nuisance Construction Projects Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-30 which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 21, 2005, and July 6, 2005, respectively. Signed by the Mayor on July 14, 2005, it was assigned Act No. 16-133 and transmitted to both Houses of Congress for its review. D.C. Law 16-24 became effective on October 18, 2005. For Law 18-88, see notes following § 23-110. Law 18-374 , the "Residential Tranquility Act of 2010", was introduced in Council and assigned Bill No. 18-63, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on November 23, 2010, and December 7, 2010, respectively. Signed by the Mayor on January 19, 2011, it was assigned Act No. 18-696 and transmitted to both Houses of Congress for its review. D.C. Law 18-374 became effective on May 26, 2011. For history of Law 18-377, see notes under § 23-546. References in Text The "District of Columbia Theft and White Collar Crimes Act of 1982", referred to in subsection (a)(2)(C) of this section, and the "Act", referred to in subsection (a)(2)(D) of this section, is D.C. Law 4-164. Bracketed translations of the references to the District of Columbia Theft and White Collar Crimes Act of 1982 have been inserted in subsections (a)(2)(C) and (a)(2)(D) of this section for the convenience of the user. The "Illegal Dumping Enforcement Act of 1994", referred to in (a)(2)(E) is D.C. Law 10-117. DC CODE § 23-581 Current through December 11, 2012

Credits

(July 29, 1970, 84 Stat. 629, Pub. L. 91-358, title II, § 210(a); Dec. 1, 1982, D.C. Law 4-164, § 601(g), 29 DCR 3976; Aug. 2, 1983, D.C. Law 5-24, § 4, 30 DCR 3341; Apr. 30, 1988, D.C. Law 7-104, § 7(d), 35 DCR 147; April 30, 1990, D.C. Law 8-261, § 3, 37 DCR 5001; May 5, 1992, D.C. Law 9-96, § 5, 38 DCR 7274; Nov. 17, 1993, D.C. Law 10-54, § 8, 40 DCR 5450; Feb. 5, 1994, D.C. Law 10-68, § 55(a), 40 DCR 6311; May 20, 1994, D.C. Law 10-117, § 8(c), 41 DCR 524; June 12, 2001, D.C. Law 13-309, § 3, 48 DCR 1613; Mar. 13, 2004, D.C. Law 15-105, § 93, 51 DCR 881; Oct. 18, 2005, D.C. Law 16-24, § 3, 52 DCR 8080; Dec. 10, 2009, D.C. Law 18-88, § 222, 56 DCR 7413; May 26, 2011, D.C. Law 18-374, § 4, 58 DCR 715; June 3, 2011, D.C. Law 18-377, § 15, 58 DCR 1174.)