Penal Code §834 defines an arrest as:
Explanation
Penal Code §834 defines an arrest as 'the taking of a person into custody, in a case and in the manner authorized by law.' It may be made by a peace officer or by a private person under the relevant authority statutes. The mechanical 'how' is then specified in §835 (actual restraint or submission to custody). Court appearances (a), booking (b), and filing a complaint (c) are post-arrest events. Together §§834-835 form the foundational arrest framework on which §836 (peace officer) and §837 (private person) build.
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Related questions on this topic
- Under 16 CCR §628 (BSIS training regulations), the passing standard for the Power to Arrest and Appropriate Use of Force course final exam is:
- A peace officer (not a private guard) may arrest under §836(a) without a warrant in which circumstances?
- If a peace officer uses unnecessary force on a person under color of authority, Penal Code §149 provides:
- Penal Code §834a provides that if a person has reasonable cause to believe they are being lawfully arrested by a peace officer, they:
- If a person resists, delays, or obstructs a peace officer in the discharge of duty, Penal Code §148(a)(1) makes the conduct:
- If a private security guard holds a citizen's arrestee for an unreasonably long time before delivering them to police, the guard's likely exposure includes:
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