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California statute

Cal. Penal Code § 840

Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)

Part of Chapter 5: Arrest, by Whom and How Made, California Penal Code.

Full text of Cal. Penal Code § 840

Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.

Cal. Penal Code § 840Primary source, current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
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.

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This reference is informational and is not legal advice.