Penal Code Section 145 – Officer Delaying the Taking of an Arrestee Before a Magistrate

California law requires peace officers to take arrested individuals before a magistrate in a timely manner.

Pursuant to Penal Code Section 145, an officer is guilty of a misdemeanor if he willfully delays taking a person before a magistrate.

Penal Code Section 834 defines an “arrest”: “An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.”(1)

Pursuant to Penal Code Section 849, when a private person or peace officer makes an arrest without a warrant, the arrestee must be taken before the nearest or most accessible magistrate in the county in which the offense is triable if he or she is not otherwise released.

If a private person makes an arrest, he or she must simply deliver the arrested person to a peace officer pursant to Penal Code Section 847(a).

Sources Cited:

(1) Cal. Pen. Code Section 834. See Pen. Code Section 837 regarding when a private citizen may make an arrest.

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