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Ex. DUT-WV-009 Standing duty Primary source read

W. Va. Code § 15-5-18

Arrest by peace officer without warrant

West Virginia Legislature (codified statute) · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code § 15-5-18
Issued
2026-09-29 Sept. 29, 2026
Effective
In force throughout 2020 Q2 to 2021 Q3 (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally, including business owners, managers and employees
Character
order penalty
Collection
Standing duties: West Virginia DUT-WV

Operative words

A peace officer, when in uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer's presence any order, rule or regulation made pursuant to this article. This authority shall be limited to arrest for violations of those orders, rules and regulations which affect the public generally.

Penalty

Warrantless arrest; the fine and jail term were supplied by the offense charged, which EO 14-20 para. 4 identified as W. Va. Code § 61-5-17 (Ex. DUT-WV-010)

What it required

Obedience to every gubernatorial order under the Emergency Management Act that 'affect[s] the public generally,' on pain of warrantless arrest; § 15-5-17 (same exhibit as DUT-WV-008) makes enforcement of the Governor's orders a statutory duty of every emergency-services organization and its officers.

Retrieval note

The Emergency Management Act contains no general fine schedule; its teeth are this arrest power, § 15-5-17's enforcement duty, the licensing and regulatory enforcement EO 9-20 para. 7 invoked, and the obstruction statute.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.