CHAPTER 5. Arrest, by Whom and How Made

Chapter 5 enacted 1872.

§§ 833–851.93 · 43 sections

§ 833 A peace officer may search for dangerous weapons any person whom he has legal cause to arrest, whenever he has reasonable cause to believe that the person…
§ 833.2 (a) It is the intent of the Legislature to encourage law enforcement and county child welfare agencies to develop protocols in collaboration with other local…
§ 833.5 (a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm or other deadly weapon…
§ 834 An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
§ 834a If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such…
§ 834c (a) (1) In accordance with federal law and the provisions of this section, every peace officer, upon arrest and booking or detention for more than two hours of…
§ 835 An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint…
§ 835a (a) The Legislature finds and declares all of the following: (1) That the authority to use physical force, conferred on peace officers by this section, is a…
§ 836 (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted by Chapter 4.5 (commencing with Section 830) of Title…
§ 836.1 When a person commits an assault or battery against the person of a firefighter, emergency medical technician, or mobile intensive care paramedic while that…
§ 836.3 A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person who, while charged with or convicted…
§ 836.5 (a) A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to…
§ 836.6 (a) It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff, marshal, or other police…
§ 837 A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony,…
§ 838 A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such…
§ 839 Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
§ 840 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…
§ 841 The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it,…
§ 841.5 (a) Except as otherwise required by Chapter 10 (commencing with Section 1054) of Title 7, or by the United States Constitution or the California Constitution,…
§ 842 An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at the time of the arrest,…
§ 843 When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be…
§ 844 To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open the door or window of the house in which the…
§ 845 Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary…
§ 846 Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate…
§ 847 (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a…
§ 847.5 (a) Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail…
§ 848 An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by law.
§ 849 (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary…
§ 849.5 In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person…
§ 850 (a) A telegraphic copy of a warrant or an abstract of a warrant may be sent by telegraph, teletype, or any other electronic devices, to one or more peace…
§ 851 Every officer causing telegraphic copies or abstracts of warrants to be sent, must certify as correct, and file in the telegraphic office from which such…
§ 851.5 (a) (1) Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make…
§ 851.6 (a) In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued…
§ 851.7 (a) Any person who has been cited or arrested for a misdemeanor or felony, with or without a warrant, while a minor, may, during or after minority, petition…
§ 851.8 (a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having…
§ 851.85 Whenever a person is acquitted of a charge and it appears to the judge presiding at the trial wherein such acquittal occurred that the defendant was factually…
§ 851.86 Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge,…
§ 851.865 (a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be binding on the…
§ 851.87 (a) (1) In any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of…
§ 851.90 (a) (1) Whenever a person is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5 or is admitted to a…
§ 851.91 (a) A person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as…
§ 851.92 (a) This section applies when an arrest record is sealed pursuant to Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9. (b) When the court issues an order to…
§ 851.93 (a) (1) On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the…