reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.25.

832.25. (a) Notwithstanding any other provision of law, all welfare fraud investigators or inspectors who are appointed as peace officers pursuant to subdivision (a) of Section 830.35 on or after January 1, 2001, shall attend and complete a specialized investigators basic course approved by the Commission on Peace Officer Standards and Training within one year of being hired as a welfare investigator or inspector. Any welfare fraud investigator or inspector appointed prior to January 1, 2001, shall not be required to attend and complete the training required by this section, provided that he or she has been continuously employed in that capacity prior to January 1, 2001, by the county that made the appointment.
(b) Any investigator or inspector who possesses a valid basic peace officer certificate as awarded by the Commission on Peace Officer Standards and Training or who has successfully completed the regular basic course certified by the Commission on Peace Officer Standards and Training basic course within three years prior to appointment shall be exempt from the training requirements of subdivision (a).
(Added by Stats. 2000, Ch. 633, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.4.

832.4. (a) Any undersheriff or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1974, and is responsible for the prevention and detection of crime and the general enforcement of the criminal laws of this state, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within 18 months of his or her employment in order to continue to exercise the powers of a peace officer after the expiration of the 18-month period.
(b) Every peace officer listed in subdivision (a) of Section 830.1, except a sheriff, or elected marshal, or a deputy sheriff described in subdivision (c) of Section 830.1, who is employed after January 1, 1988, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training upon completion of probation, but in no case later than 24 months after his or her employment, in order to continue to exercise the powers of a peace officer after the expiration of the 24-month period.
Deputy sheriffs described in subdivision (c) of Section 830.1 shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within 24 months after being reassigned from custodial duties to general law enforcement duties.
In those cases where the probationary period established by the employing agency is 24 months, the peace officers described in this subdivision may continue to exercise the powers of a peace officer for an additional three-month period to allow for the processing of the certification application.
(c) Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within two years of appointment.
(Amended by Stats. 1998, Ch. 931, Sec. 366.5. Effective September 28, 1998. Operative January 1, 1999, by Sec. 496 of Ch. 931.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.8.

832.8. As used in Section 832.7, the following words or phrases have the following meanings:
(a) “Personnel records” means any file maintained under that individual’s name by his or her employing agency and containing records relating to any of the following:
(1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information.
(2) Medical history.
(3) Election of employee benefits.
(4) Employee advancement, appraisal, or discipline.
(5) Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties.
(6) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.
(b) “Sustained” means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy.
(c) “Unfounded” means that an investigation clearly establishes that the allegation is not true.
(Amended by Stats. 2018, Ch. 988, Sec. 3. (SB 1421) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.12.

832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in the officer’s general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view the officer’s general personnel file and any separate file designated by a department or agency.
(b) Prior to employing any peace officer, each department or agency in this state that employs peace officers shall request, and the hiring department or agency shall review, any records made available pursuant to subdivision (a).
(Amended by Stats. 2021, Ch. 402, Sec. 4. (SB 16) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.13.

832.13. Every person employed as a peace officer shall immediately report all uses of force by the officer to the officer’s department or agency.
(Added by Stats. 2021, Ch. 402, Sec. 5. (SB 16) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.15.

832.15. (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency as to whether an individual applying for a position as a peace officer, as defined by this chapter, a custodial officer authorized by the employing agency to carry a firearm pursuant to Section 831.5, or a transportation officer pursuant to Section 831.6 authorized by the employing agency to carry a firearm, is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date that the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition.
(b) Before providing the information specified in subdivision (a), the applicant shall provide the Department of Justice with fingerprints and other identifying information deemed necessary by the department.
(c) The Department of Justice may charge the applicant a fee sufficient to reimburse its costs for furnishing the information specified in subdivision (a).
(d) The notice required by this section shall not apply to persons receiving treatment under subdivision (a) of Section 8100 of the Welfare and Institutions Code.
(Amended by Stats. 2008, Ch. 698, Sec. 9. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.16.

832.16. (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency employing a peace officer, as defined by this chapter, who is authorized by the employing agency to carry a firearm, as to whether a peace officer is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date that the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition.
(b) Before providing the information specified in subdivision (a), the agency employing the peace officer shall provide the Department of Justice with the officer’s fingerprints and other identifying information deemed necessary by the department.
(c) The information specified in this section shall only be provided by the Department of Justice subject to the availability of funding.
(d) The notice required by this section shall not apply to persons receiving treatment under subdivision (a) of Section 8100 of the Welfare and Institutions Code.
(Amended by Stats. 2008, Ch. 698, Sec. 10. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 4.5 - Peace Officers › Section 832.17.

832.17. (a) Upon request by a state or local agency, the Department of Justice shall notify the state or local agency as to whether an individual employed as a custodial or transportation officer and authorized by the employing agency to carry a firearm, is prohibited or subsequently becomes prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date on which the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition.
(b) Before the department provides the information specified in subdivision (a), the officer shall provide the department with his or her fingerprints and other identifying information deemed necessary by the department.
(c) The department may charge the officer a fee sufficient to reimburse its costs for furnishing the information specified in subdivision (a). A local law enforcement agency may pay this fee for the officer.
(d) The notice required by this section shall not apply to persons receiving treatment under subdivision (a) of Section 8100 of the Welfare and Institutions Code.
(Amended by Stats. 2008, Ch. 698, Sec. 11. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 833.

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 possesses a dangerous weapon. If the officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, when he shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon.
(Added by Stats. 1957, Ch. 2147.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 833.2.

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, which may include local educational, judicial, correctional, and community-based organizations, when appropriate, regarding how to best cooperate in their response to the arrest of a caretaker parent or guardian of a minor child, to ensure the child’s safety and well-being.
(b) The Legislature encourages the Department of Justice to apply to the federal government for a statewide training grant on behalf of California law enforcement agencies, with the purpose of enabling local jurisdictions to provide training for their law enforcement officers to assist them in developing protocols and adequately addressing issues related to child safety when a caretaker parent or guardian is arrested.
(Added by Stats. 2006, Ch. 729, Sec. 1. Effective January 1, 2007.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 833.5.

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 with him or her in violation of any provision of law relating to firearms or deadly weapons the peace officer may detain that person to determine whether a crime relating to firearms or deadly weapons has been committed.
For purposes of this section, “reasonable cause to detain” requires that the circumstances known or apparent to the officer must include specific and articulable facts causing him or her to suspect that some offense relating to firearms or deadly weapons has taken place or is occurring or is about to occur and that the person he or she intends to detain is involved in that offense. The circumstances must be such as would cause any reasonable peace officer in like position, drawing when appropriate on his or her training and experience, to suspect the same offense and the same involvement by the person in question.
(b) Incident to any detention permitted pursuant to subdivision (a), a peace officer may conduct a limited search of the person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others. Any firearm or weapon seized pursuant to a valid detention or search pursuant to this section shall be admissible in evidence in any proceeding for any purpose permitted by law.
(c) This section shall not be construed to otherwise limit the authority of a peace officer to detain any person or to make an arrest based on reasonable cause.
(d) This section shall not be construed to permit a peace officer to conduct a detention or search of any person at the person’s residence or place of business absent a search warrant or other reasonable cause to detain or search.
(e) If a firearm or weapon is seized pursuant to this section and the person from whom it was seized owned the firearm or weapon and is convicted of a violation of any offense relating to the possession of such firearm or weapon, the court shall order the firearm or weapon to be deemed a nuisance and disposed of in the manner provided by Sections 18000 and 18005.
(Amended (as amended by Stats. 2010, Ch. 178, Sec. 68) by Stats. 2011, Ch. 296, Sec. 213. (AB 1023) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 834.

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.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 834a.

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 person to refrain from using force or any weapon to resist such arrest.
(Added by Stats. 1957, Ch. 2147.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 835.

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 as is reasonable for his arrest and detention.
(Amended by Stats. 1957, Ch. 2147.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 836.1.

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 is on duty engaged in the performance of his or her duties in violation of subdivision (b) of Section 241 or subdivision (b) of Section 243, a peace officer may, without a warrant, arrest the person who commits the assault or battery:
(a) Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, although the assault or battery was not committed in the peace officer’s presence.
(b) Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, whether or not the assault or battery has in fact been committed.
(Added by Stats. 1995, Ch. 52, Sec. 1. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 836.3.

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 of a misdemeanor, has escaped from any county or city jail, prison, industrial farm or industrial road camp or from the custody of the officer or person in charge of him while engaged on any county road or other county work or going to or returning from such county road or other county work or from the custody of any officer or person in whose lawful custody he is when such escape is not by force or violence.
(Added by Stats. 1955, Ch. 609.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 836.5.

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 believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any public officer or employee acting pursuant to subdivision (a) and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest that is lawful or that the public officer or employee, at the time of the arrest, had reasonable cause to believe was lawful. No officer or employee shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance.
(c) In any case in which a person is arrested pursuant to subdivision (a) and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5). The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.
(d) The governing body of a local agency, by ordinance, may authorize its officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations of the statute or ordinance as provided in subdivision (a).
(e) For purposes of this section, “ordinance” includes an order, rule, or regulation of any air pollution control district.
(f) For purposes of this section, a “public officer or employee” includes an officer or employee of a nonprofit transit corporation wholly owned by a local agency and formed to carry out the purposes of the local agency.
(Amended by Stats. 1997, Ch. 324, Sec. 3. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 836.6.

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 agency, to thereafter escape or attempt to escape from that custody.
(b) It is unlawful for any person who has been lawfully arrested by any peace officer and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, to thereafter escape or attempt to escape from that peace officer.
(c) Any person who violates subdivision (a) or (b) is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year. However, if the escape or attempted escape is by force or violence, and the person proximately causes a peace officer serious bodily injury, the person shall be punished by imprisonment in the state prison for two, three, or four years, or by imprisonment in a county jail not to exceed one year.
(Amended by Stats. 2012, Ch. 43, Sec. 26. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 837.

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 his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 838.

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 magistrate.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 840.

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 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.
(Amended by Stats. 1976, Ch. 436.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 841.

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, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.
The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested.
(Amended by Stats. 1961, Ch. 1863.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 841.5.

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 law enforcement officer or employee of a law enforcement agency shall disclose to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim or witness in the alleged offense.
(b) Nothing in this section shall impair or interfere with the right of a defendant to obtain information necessary for the preparation of his or her defense through the discovery process.
(c) Nothing in this section shall impair or interfere with the right of an attorney to obtain the address or telephone number of any person who is a victim of, or a witness to, an alleged offense where a client of that attorney has been arrested for, or may be a defendant in, a criminal action related to the alleged offense.
(d) Nothing in this section shall preclude a law enforcement agency from releasing the entire contents of an accident report as required by Section 20012 of the Vehicle Code.
(Added by Stats. 1992, Ch. 3, Sec. 2. Effective February 10, 1992.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 842.

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, but if the person arrested so requests it, the warrant shall be shown to him as soon as practicable.
(Amended by Stats. 1957, Ch. 2147.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 843.

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 arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 844.

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 person to be arrested is, or in which they have reasonable grounds for believing the person to be, after having demanded admittance and explained the purpose for which admittance is desired.
(Amended by Stats. 1989, Ch. 1360, Sec. 112.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 845.

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 for the purpose of liberating himself, and an officer may do the same, when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 846.

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 before whom he is taken.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 847.

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, or deliver him or her to a peace officer.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer or federal criminal investigator or law enforcement officer described in subdivision (a) or (d) of Section 830.8, acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances:
(1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful.
(2) The arrest was made pursuant to a charge made, upon reasonable cause, of the commission of a felony by the person to be arrested.
(3) The arrest was made pursuant to the requirements of Section 142, 837, 838, or 839.
(Amended by Stats. 2003, Ch. 468, Sec. 13. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 848.

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.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › 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 the magistrate.
(b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1) The officer 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 the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(5) The person was arrested and subsequently delivered to a hospital or other urgent care facility, including, but not limited to, a facility for the treatment of co-occurring substance use disorders, for mental health evaluation and treatment, and no further proceedings are desirable.
(c) The record of arrest of a person released pursuant to paragraph (1), (3), or (5) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
(Amended by Stats. 2017, Ch. 566, Sec. 1. (SB 238) Effective October 7, 2017.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 849.5.

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 shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
(Added by Stats. 1975, Ch. 1117.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 850.

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 officers, and such copy or abstract is as effectual in the hands of any officer, and he shall proceed in the same manner under it, as though he held the original warrant issued by a magistrate or the issuing authority or agency.
(b) Except as otherwise provided in Section 1549.2 relating to Governor’s warrants of extradition, an abstract of the warrant as herein referred to shall contain the following information: the warrant number, the charge, the court or agency of issuance, the subject’s name, address and description, the bail, the name of the issuing magistrate or authority, and if the offense charged is a misdemeanor, whether the warrant has been certified for night service.
(c) When the subject of a written or telegraphic warrant or abstract of warrant is in custody on another charge, the custodial officer shall, immediately upon receipt of information as to the existence of any such warrant or abstract, obtain and deliver a written copy of the warrant or abstract to the subject and shall inform him of his rights under Section 1381, where applicable, to request a speedy trial and under Section 858.7 relating to Vehicle Code violations.
(Amended by Stats. 1983, Ch. 793, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.

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 copies are sent, a copy of the warrant, and must return the original with a statement of his action thereunder.
(Amended by Stats. 1965, Ch. 1990.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.6.

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 a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.
(b) In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention.
(c) The Attorney General shall prescribe the form and content of the certificate.
(d) Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.
(Amended by Stats. 2017, Ch. 566, Sec. 2. (SB 238) Effective October 7, 2017.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.85.

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 innocent of the charge, the judge may order that the records in the case be sealed, including any record of arrest or detention, upon the written or oral motion of any party in the case or the court, and with notice to all parties to the case. If such an order is made, the court shall give to the defendant a copy of such order and inform the defendant that he may thereafter state that he was not arrested for such charge and that he was found innocent of such charge by the court.
(Added by Stats. 1980, Ch. 1172, Sec. 3. Effective September 29, 1980. Conditionally operative, upon repeal of Section 851.8, by Sec. 4 of Ch. 1172.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.86.

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, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. If such an order is made, the court shall give the defendant a copy of that order and inform the defendant that he or she may thereafter state he or she was not arrested for that charge and that he or she was not convicted of that charge, and that he or she was found innocent of that charge by the court. The court shall also inform the defendant of the availability of indemnity for persons erroneously convicted pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and the time limitations for presenting those claims.
(Added by Stats. 2009, Ch. 432, Sec. 4. (AB 316) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.865.

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 California Victim Compensation Board for a claim presented to the board pursuant to Section 4900. Upon application by the person, the California Victim Compensation Board shall, without a hearing, approve payment to the claimant pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(b) If the declaration of factual innocence is granted pursuant to a stipulation of the prosecutor, upon application by the person, the board shall, without a hearing, approve payment pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(Amended by Stats. 2023, Ch. 702, Sec. 1. (SB 78) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.87.

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 accusatory pleading, the person may petition the superior court that would have had jurisdiction over the matter to issue an order to seal the records pertaining to an arrest and the court may order those records sealed as described in Section 851.92. A copy of the petition shall be served on the law enforcement agency and the prosecuting attorney of the county or city having jurisdiction over the offense, who may request a hearing within 60 days of receipt of the petition. The court may hear the matter no less than 60 days from the date the law enforcement agency and the prosecuting attorney receive a copy of the petition. The prosecuting attorney and the law enforcement agency, through the prosecuting attorney, may present evidence to the court at the hearing.
(2) If the order is made, the court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge.
(3) The person may, except as specified in subdivisions (b) and (c), indicate in response to any question concerning the person’s prior criminal record that the person was not arrested.
(4) Subject to subdivisions (b) and (c), a record pertaining to the arrest shall not, without the person’s permission, be used in any way that could result in the denial of any employment, benefit, or certificate.
(b) The person shall be advised that, regardless of the person’s successful completion of the program, the arrest shall be disclosed by the Department of Justice in response to any peace officer application request, and that, notwithstanding subdivision (a), this section does not relieve the person of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.
(c) The person shall be advised that an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92.
(d) As used in this section, “prefiling diversion” is a diversion from prosecution that is offered to a person by the prosecuting attorney in lieu of, or prior to, the filing of an accusatory pleading in court as set forth in Section 950.
(Amended by Stats. 2017, Ch. 680, Sec. 1. (SB 393) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5 - Arrest, by Whom and How Made › Section 851.90.

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 deferred entry of judgment program pursuant to Section 1000 or 1000.8, and the person successfully completes the program, the judge may order those records pertaining to the arrest to be sealed as described in Section 851.92, upon the written or oral motion of any party in the case, or upon the court’s own motion, and with notice to all parties in the case.
(2) If the order is made, the court shall give a copy of the order to the defendant and inform the defendant that he or she may thereafter state that he or she was not arrested for the charge.
(3) The defendant may, except as specified in subdivisions (b) and (c), indicate in response to any question concerning the defendant’s prior criminal record that the defendant was not arrested or granted statutorily authorized drug diversion or deferred entry of judgment for the offense.
(4) Subject to subdivisions (b) and (c), a record pertaining to an arrest resulting in the successful completion of a statutorily authorized drug diversion or deferred entry of judgment program shall not, without the defendant’s permission, be used in any way that could result in the denial of any employment, benefit, or certificate.
(b) The defendant shall be advised that, regardless of the defendant’s successful completion of a statutorily authorized drug diversion or deferred entry of judgment program, the arrest upon which the case was based shall be disclosed by the Department of Justice in response to any peace officer application request, and that, notwithstanding subdivision (a), this section does not relieve the defendant of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.
(c) The defendant shall be advised that, regardless of the defendant’s successful completion of a statutorily authorized drug diversion or deferred entry of judgment program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92.
(Amended by Stats. 2017, Ch. 680, Sec. 2. (SB 393) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5A - Uniform Act on Fresh Pursuit › Section 852.1.

852.1. As used in this chapter:
(a) “State” means any State of the United States and the District of Columbia.
(b) “Peace officer” means any peace officer or member of any duly organized State, county, or municipal peace unit or police force of another State.
(c) “Fresh Pursuit” includes close pursuit and hot pursuit.
(Added by Stats. 1937, Ch. 301.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5A - Uniform Act on Fresh Pursuit › Section 852.2.

852.2. Any peace officer of another State, who enters this State in fresh pursuit, and continues within this State in fresh pursuit, of a person in order to arrest him on the ground that he has committed a felony in the other State, has the same authority to arrest and hold the person in custody, as peace officers of this State have to arrest and hold a person in custody on the ground that he has committed a felony in this State.
(Added by Stats. 1937, Ch. 301.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5A - Uniform Act on Fresh Pursuit › Section 852.3.

852.3. If an arrest is made in this State by a peace officer of another State in accordance with the provisions of section 852.2 of this code, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await a reasonable time for the issuance of an extradition warrant by the Governor of this State or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
(Added by Stats. 1937, Ch. 301.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5A - Uniform Act on Fresh Pursuit › Section 852.4.

852.4. Section 852.2 of this code shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.
(Added by Stats. 1937, Ch. 301.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5B - Interstate Jurisdiction › ARTICLE 1 - Colorado River Crime Enforcement Compact › Section 853.1.

853.1. (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State of California hereby ratifies the Colorado River Crime Enforcement Compact as set forth in Section 853.2.
(b) The purpose of this compact is to promote the interests of justice with regard to crimes committed on the Colorado River by avoiding jurisdictional issues as to whether a criminal act sought to be prosecuted was committed on one side or the other of the exact boundary of the channel, and thus avoiding the risk that an offender may go free on technical grounds because neither state is able to establish that the offense was committed within its boundaries.
(c) This compact shall become operative when ratified by law in the State of Arizona; and shall remain in full force and effect so long as the provisions of this compact, as ratified by the State of Arizona, remain substantively the same as the provisions of this compact, as ratified by this section. This compact may be amended in the same manner as is required for it to be ratified to become operative.
(Added by Stats. 1985, Ch. 754, Sec. 1.)