Chapter 5. Arrest, by Whom and How Made - California Penal Code Section 849

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 delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
   (b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
   (1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
   (2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
   (3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
   (c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but a
detention only.
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Last modified: February 16, 2015