{"code":"PEN","codeName":"Penal Code","section":"840","citation":"Pen. Code, § 840","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","url":"https://blackletter.si/penal-code/part-2"},{"name":"TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777. - 883.]","url":"https://blackletter.si/penal-code/part-2/title-3"},{"name":"CHAPTER 5. Arrest, by Whom and How Made [833. - 851.93.]","url":"https://blackletter.si/penal-code/part-2/title-3/chapter-5"}],"history":"Amended by Stats. 1976, Ch. 436.","effective":null,"html":"<p>An arrest for the commission of a felony may be made on any day and at any time of the day or night. An arrest for the commission of a misdemeanor or an infraction cannot be made between the hours of 10 o'clock p.m. of any day and 6 o'clock a.m. of the succeeding day, unless:</p><p>(1) The arrest is made without a warrant pursuant to Section <a href=\"/pen/836\">836</a> or <a href=\"/pen/837\">837</a>.</p><p>(2) The arrest is made in a public place.</p><p>(3) The arrest is made when the person is in custody pursuant to another lawful arrest.</p><p>(4) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.</p>","text":"An arrest for the commission of a felony may be made on any day and at any time of the day or night. An arrest for the commission of a misdemeanor or an infraction cannot be made between the hours of 10 o'clock p.m. of any day and 6 o'clock a.m. of the succeeding day, unless: (1) The arrest is made without a warrant pursuant to Section 836 or 837. (2) The arrest is made in a public place. (3) The arrest is made when the person is in custody pursuant to another lawful arrest. (4) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.","otherVersions":[],"url":"https://blackletter.si/penal-code/arrest-by-whom-and-how-made-840","source":"California Legislative Information bulk export (pubinfo)"}