Powers to ArrestQuestion 14 of 200
Under §841, when may notification of authority to arrest be omitted?
a.Whenever notification is inconvenient
b.Never — the notification is absolute
c.When the person is actively engaged in commission of the offense, is in flight, or notice would imperil the arrest
d.Only with a court order authorizing the omission
Explanation
Penal Code §841 itself recognizes that notice need not be given when the person to be arrested is actually engaged in commission of an offense, is in flight after commission, or where giving notice would be impractical because of intended use of force by the suspect. The general rule is to give the notice; exceptions are narrow and fact-specific. Convenience (a) is not a basis; the duty is not absolute (b); and no court order is required (d).
Law Reference: Cal. Penal Code §841Practice all 200 questions free — no signup required.
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