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California · Through 2026-09-13

PEN § 840

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Where this section sits in the code
  1. Penal Code - PEN
  2. PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]
  3. TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777. - 883.]
  4. CHAPTER 5. Arrest, by Whom and How Made [833. - 851.93.]

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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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