California Penal Code

§ 849

PEN § 849 Effective Jan 1, 2025Title 3 · Part 2 · Ch. 5

Statute text

(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.

(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:

(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.

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Legislative history

Amended by Stats. 2024, Ch. 954, Sec. 1. (AB 2215) Effective January 1, 2025.