Arrest Information – 530attorneys.com
Do Cops Have to Tell You Why They’re Arresting You?
Yes, in California police officers must inform arrestees of the reason why they are being arrested. This is the rule unless the person 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.” Penal Code Section 841. Officers are also required to tell the person being arrested what they are being arrested for if the person demands to know why they are being arrested. Id.
When Can a Person Be Arrested for a Felony?
A person can be arrested for the commission of a felony on any day at any time of the day. Penal Code Section 840
When Can a Person Be Arrested for a Misdemeanor or Infraction?
A person cannot be arrested for a misdemeanor or infraction “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. Id.
Can a Private Citizen Arrest a Person?
“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.” Penal Code Section 837
Can a Cop Make an Arrest Without a Warrant?
A warrant is usually required for a misdemeanor arrest, unless the crime occurred in the officer’s presence. An officer may arrest a person for a felony if s/he has probable cause to believe the person actually committed a felony. An officer can arrest a person in obedience to a warrant, or where “(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence. (2) The person arrested has committed a felony, although not in the officer’s presence. (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.” Penal Code Section 836(a)
There are specific crimes for which officers may also make arrests without any crime being committed in the officer’s presence. Where a person is suspected of domestic violence, the rule is as follows: “…if a suspect commits an assault or battery upon a current or former spouse,fiancé, fiancée, a current or former cohabitant as defined in Section6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship,as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3(commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant where both of the following circumstances apply: (1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.” Penal Code 836(d)
There is also a warrant exception for arrests involving the charge of carrying a concealed firearm: “…a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply: (1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400. (2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. (3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.” Penal Code Section 836(e)
Another exception to the warrant requirement exists “[w]hen 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.
Lastly, police may also “…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.” Penal Code 836.3
The above is a brief description of some of the scenarios in which an officer may make a lawful arrest. For the legality of a case specific arrest, call our office for a free legal consultation. Our office is located in Chico, CA at 2540 Esplanade Ste 11. We represent clients in the counties of Butte, Glenn, Sutter, Tehama and Yuba.