California Penal Code CHAPTER 5 - Arrest, by Whom and How Made

• Section 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...
• Section 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 entities,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 835a.
  Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to...
• Section 836.
  (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5...
• Section 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 person...
• Section 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...
• Section 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...
• Section 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...
• Section 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, although not in...
• Section 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...
• Section 839.
  Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.(Enacted 1872.)
• Section 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...
• Section 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...
• Section 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, no...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 magistrate,...
• Section 847.5.
  If a person has been admitted to bail in another state, escapes bail, and is present in this State, the bail bondsman or other person...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 at...
• Section 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...
• Section 851.7.
  (a) Any person who has been arrested for a misdemeanor, with or without a warrant, while a minor, may, during or after minority, petition the court...
• Section 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...
• Section 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...
• Section 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...
• Section 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 sufficient grounds...
• Section 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 filing an...
• Section 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...
• Section 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...
• Section 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 seal...

Last modified: October 22, 2018