Powers to ArrestQuestion 14 of 200

Under §841, when may notification of authority to arrest be omitted?

a.Whenever giving the notification would be inconvenient or would slow down the arrest
b.Never — the duty to state the intent, the cause, and the authority is absolute in every arrest
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 prior court order specifically authorizing the arresting person to omit the required notification in that case

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 §841

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