California Statutes
§ 840. — 840. (Amended by Stats. 1976, Ch. 436.)
California § 840.
JurisdictionCalifornia
Code PENPenal Code - PEN
Title3.
Part 2.TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE
Ch. 5.CHAPTER 5. Arrest, by Whom and How Made
This text of California § 840. (840. (Amended by Stats. 1976, Ch. 436.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Cal. Penal Code - PEN Code § 840. (2026).
Text
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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Related
Paddleford v. Biscay
22 Cal. App. 3d 139 (California Court of Appeal, 1971)
Paddleford v. Biscay
307 F. Supp. 343 (N.D. California, 1969)
Dennis Maric v. Jon Alvarado
(Ninth Circuit, 2018)
Legislative History
Amended by Stats. 1976, Ch. 436.
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California § 840., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/840..