Statute · California Penal Code
Cal. Penal Code § 840 — Arrest, by Whom and How Made
Cal. Penal Code § 840
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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:
Citator
Cal. Penal Code § 840 — Arrest, by Whom and How Made is in force in the current edition of the Code, and nothing recorded condemns it.
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.