Laws of ArrestLaws of ArrestBakersfield CollegeBakersfield College

Department of Criminal JusticeDepartment of Criminal Justice

Arrest Defined:Arrest Defined: An An arrest arrest is made by is made by

an actual restraint of an actual restraint of the person, orthe person, or

By submission to the By submission to the custody of the person custody of the person making the arrest.making the arrest.

The person arrested The person arrested may be subjected to may be subjected to such restraint as is such restraint as is reasonable.reasonable.

““Citizen’s Arrest”Citizen’s Arrest” A Private Person may arrest another;A Private Person may arrest another;

– For an offense committed or attempted in For an offense committed or attempted in his/her presence.his/her presence.

– When the person arrested has committed a When the person arrested has committed a felony, although not in his/her presence.felony, although not in his/her presence.

– When a felony has been in fact committed, and When a felony has been in fact committed, and s/he has reasonable cause for believing the s/he has reasonable cause for believing the person arrested to have committed.person arrested to have committed.

Arresting Person may Arresting Person may Summon AidSummon Aid

Any person making an Any person making an arrest may orally arrest may orally summon as many summon as many persons as s/he deems persons as s/he deems necessary to aid necessary to aid him/her therein.him/her therein.

Arrest may be Made Arrest may be Made Day or NightDay or Night

Whenever an arrest is Whenever an arrest is authorized by authorized by provisions of the Cal. provisions of the Cal. Penal Code, it may be Penal Code, it may be made on any day and made on any day and at any time of the day at any time of the day or night.or night.

Formalities in Making ArrestFormalities in Making Arrest

The person making an The person making an arrest shall inform the arrest shall inform the person to be arrested person to be arrested of the:of the:– Intention to arrest.Intention to arrest.

– The offense for which The offense for which being arrested.being arrested.

– Authority permitting Authority permitting the person to make the the person to make the arrest.arrest.

Formalities in Making ArrestFormalities in Making Arrest

Notification requirement shall not apply Notification requirement shall not apply when the person making the arrest has when the person making the arrest has reasonable cause to believe that the person reasonable cause to believe that the person to be arrested is engaged in the commission to be arrested is engaged in the commission of an offense, or the immediate flight there of an offense, or the immediate flight there from, until the arrest has been completed.from, until the arrest has been completed.

Seizing WeaponsSeizing Weapons

Any person making an Any person making an arrest may take from arrest may take from the person arrested the person arrested any weapon which he any weapon which he may have about his / may have about his / her person and shall be her person and shall be delivered to the delivered to the Sheriff / Chief of Sheriff / Chief of Police.Police.

Peace Officer Authority to ArrestPeace Officer Authority to Arrest

A Peace Officer may A Peace Officer may make an arrest in make an arrest in obedience to a warrant, or obedience to a warrant, or may, without a warrant, may, without a warrant, arrest a person:arrest a person:

Whenever the officer has Whenever the officer has reasonable cause to reasonable cause to believe that the person to believe that the person to be arrested has committed be arrested has committed an offense in his/her an offense in his/her presence.presence.

Peace Officer Authority to ArrestPeace Officer Authority to Arrest

When the person arrested When the person arrested has committed a felony, has committed a felony, although not in the although not in the officer’s presence;officer’s presence;

Whenever the officer has Whenever the officer has reasonable cause to reasonable cause to believe the person arrested believe the person arrested committed a felony even committed a felony even if in fact no felony has if in fact no felony has been committed.been committed.

Peace Officer Authority to ArrestPeace Officer Authority to Arrest

May arrest someone May arrest someone who has escaped from who has escaped from any jail or prison or any jail or prison or the lawful custody of a the lawful custody of a peace officer.peace officer.

Arrest with a WarrantArrest with a Warrant

An arrest by a peace officer pursuant to a An arrest by a peace officer pursuant to a warrant is lawful whether or not the officer warrant is lawful whether or not the officer has the warrant in his/her possession at the has the warrant in his/her possession at the time of the arrest.time of the arrest.

However, upon requests of the person However, upon requests of the person arrested, the warrant shall be shown to arrested, the warrant shall be shown to him/her as soon as practicable.him/her as soon as practicable.

Use of ForceUse of Force

Any peace officer who Any peace officer who has reasonable cause has reasonable cause to believe that a to believe that a person to be arrested person to be arrested has committed an has committed an offense may use offense may use reasonable force to reasonable force to effect the arrest, effect the arrest, prevent escape or to prevent escape or to overcome resistance.overcome resistance.

Use of ForceUse of Force

A peace officer who A peace officer who makes or attempts to make makes or attempts to make an arrest need not retreat an arrest need not retreat or desist from his efforts or desist from his efforts by reason of the resistance by reason of the resistance or the threatened or the threatened resistance of the person resistance of the person being arrested; nor shall being arrested; nor shall the officer be deemed an the officer be deemed an aggressor or lose any right aggressor or lose any right to self-defense, or to to self-defense, or to prevent an escape.prevent an escape.

Forced EntryForced Entry To make an arrest, To make an arrest,

whether with or whether with or without a warrant, a without a warrant, a peace officer may peace officer may force entry into a force entry into a home which the home which the person to be arrested is person to be arrested is reasonably believed reasonably believed to be within, after to be within, after notice of authority and notice of authority and purpose.purpose.

A peace officer who A peace officer who has witnessed the has witnessed the commission of an commission of an offense may pursue offense may pursue the offender into any the offender into any ship, plane, building ship, plane, building or grounds.or grounds.

The Criminal Justice ProcessThe Criminal Justice Process

Arrest on the street

Bookingat the

stationhouse

Appearance before

a magistrate

Indictment,trial,

sentencing

Punishmentand

corrections

Police Courts CorrectionsIf the product is defective (repeated crime occurs), it is shipped back and processed again.

Receipt of raw materials Processing of the raw materials