Hall v. Com., 701 S.E.2d 68

Danville officers served outstanding arrest warrants on Hall and approached his residence; Norris grabbed Hall’s wrist and announced arrest, attempting to handcuff him; Hall struggled and fled with Norris still grasping his shirt; Merrill witnessed the struggle, deployed a taser, and Hall fled but was later apprehended; Hall testified he was briefly restrained but not handcuffed or tasered; circuit court convicted Hall of felonious escape under Code § 18.2-478, sentencing him to three years with partial suspension; Court of Appeals affirmed, adopting White v. Commonwealth and holding Hall was in custody at arrest; Hall appealed to Virginia Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hall was in custody for purposes of Code § 18.2-478	Hall was not in custody after initial restraint; still in transit before arrest finalized	Norris’s arrest established custody at the moment of arrest	Yes, Hall was in custody at arrest, sufficient for custody under statute

Hubbard v. Commonwealth, 276 Va. 292 (2008) (elements of felonious escape)
White v. Commonwealth, 267 Va. 96 (2004) (custody requires restraint beyond temporary detention; arrest creates custody)
Bristol v. Commonwealth, 272 Va. 568 (2006) (arrest generally creates custody; status before full restraint)
California v. Hodari D., 499 U.S. 621 (1991) (arrest concepts—physical force or submission defines arrest)
Howard v. Commonwealth, 210 Va. 674 (1970) (arrest occurs upon restraint under authority)