D.C. Code § 23-581: Arrests without warrant by law enforcement officers.
Where this section sits in the code
- Title 23. Criminal Procedure. [Enacted title]
- Chapter 5. Warrants and Arrests.
- Subchapter V. Arrest Without Warrant.
(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)
Offense:
Specified in -
Assault
section 806 (D.C. Code, sec. 22-404).
Unlawful entry
section 824 (D.C. Code, sec. 22-3302).
Malicious burning, destruction or injury of another's property
section 848 (D.C. Code, sec. 22-303).
(B)
Offense:
Specified in -
Voyeurism
section 105 (D.C. Code, sec. 22-3531).
(C)
Offense:
Specified in -
Theft of property that has some value
section 112 [D.C. Official Code § 22-3212(b)].
Receiving stolen property
section 132 [D.C. Official Code, § 22-3232].
Shoplifting
section 113 [D.C. Official Code, § 22-3213].
(D)
Offense:
Specified in -
Theft of property valued at $1,000 or more; Theft twice or more in a 6-month period with an aggregate value of $1,000 or more
section 112(a) [D.C. Official Code § 22-3212(a)].
Unauthorized use of vehicles
section 115 [D.C. Official Code, § 22-3215].
(E)
Offense:
Specified in -
Unauthorized disposal of solid waste, hazardous waste, or medical waste
Section 3. [D.C. Official Code, § 8-902]
(F)
Offense:
Specified in -
Illegal construction
section 113.7 (12A DCMR § 113.7)
(G)
Intentionally violating a condition of release that the person stay away from, or have no contact with, an individual or location as described in § 23-1329a.
(3)
Offense:
Specified in -
Aggravated reckless driving
section 9(c) (D.C. Official Code § 50-2201.04(c))
Leaving after colliding
section 10c (D.C. Official Code § 50-2201.05c)
Driving under the influence (DUI) of alcohol or a drug
section 3b (D.C. Official Code § 50-2206.11)
Operating a motor vehicle when the operator's permit is revoked or suspended
section 13(f) (D.C. Official Code § 50-1403.01(f)) [Not Funded].
(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 §§ 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, misdemeanor sexual abuse of a child or minor, or lewd, indecent, or obscene acts, or sexual proposal to a minor, as provided in §§ 22-3006, 22-3010.01, and 22-1312.
(a-8)
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 stalking as provided in § 22-3133.
(a-9)
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 presenting a fraudulent identification document for the purpose of entering an establishment possessing an on-premises retailer’s license, an Arena C/X license, or a temporary license as provided in § 25-1002(b)(2).
(a-10)
A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has been directed by a releasing official pursuant to § 23-584(d)(1) as a condition of release on citation to stay away from a particular place or a particular person, and the person has violated that condition.
(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.
Collected 2026-08-29T05:44:07Z. Source file · JSON