Pen. Code, § 840 · Chapter 5. Arrest, by Whom and How Made
Pen. Code, § 840
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Amended by Stats. 1976, Ch. 436.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=840.
- Text hash
- sha256 d07d17bc711b2dd16d5599eb18d9a1b7ab04b005a3ba62643b934dd29968f946
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Code of Civil Procedure
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