Being Arrested
Penal Code 836 — without a warrant for an offense in the officer's presence, or probable cause of a felony
An arrest is taking a person into custody in a case and manner the law authorizes, by a peace officer or a private person. A California peace officer may arrest without a warrant when:
- The officer has probable cause to believe the person committed a public offense in the officer's presence.
- The person committed a felony, even outside the officer's presence.
- The officer has probable cause to believe the person committed a felony, whether or not one was in fact committed.
Told the cause, on request. The person making an arrest informs the person of the intention to arrest, the cause and the authority, except when the person is caught in the act or pursued right after it or an escape, and on request tells them the offense.
On a domestic violence call, an officer who does not make certain arrests makes a good faith effort to tell the victim of the right to make a citizen's arrest and how to do it safely.
Sources for this section (3)
- Penal Code 834 — Arrest defined; who may arrest
- Penal Code 836 — Arrest by a peace officer, with or without a warrant
- Penal Code 841 — Informing the person of the intention, cause and authority to arrest
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.