California Law (Last Updated: March 4, 2014) |
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.
Latest version.
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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.)