Currrent as of February 4, 2022

Penal Code § 840

Times when arrest can be made for felony, misdemeanor, or infraction


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.


History

Enacted Stats 1872. Amended Stats 1905 ch 530 § 1; Stats 1969 ch 528 § 1; Stats 1976 ch 436 § 1.


PC 840