Additional Provisions Regarding Criminal Procedure — California Penal Code — Arrest, By Whom And How Made — Taking person arrested by private person before magistrate or delivering person to peace officer

15 Sep 2016

Current through the 2016 Legislative Session

(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.
Ca. Pen. Code § 847
Amended by Stats 2003 ch 468 (SB 851), s 13, eff. 1/1/2004.
Amended by Stats 2002 ch 526 (AB 1835), s 2, eff. 1/1/2003.