Admission to bail.

tions and the warrant, with his return indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

829. (§ 123.) If the offense charged in the warrant issued pursuant to Section 827 is a misdemeanor, the officer must, upon being required by the defendant, take him before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, depositions, and undertaking, to the Clerk of the Court in which the defendant is required to appear.

Arrest defined.

By whom made.

CHAPTER V.

ARREST, BY WHOM AND HOW MADE.

SECTION 834. Arrest defined. By whom made.

835. How an arrest is made and what restraint allowed.

836. Arrests by peace officers.

837. Arrests by private persons.

838. Magistrates may order arrest.

839. Persons making arrest may summon assistance.

840. When the arrest may be made.

841. Arrest, how made.

842. Warrant must be shown, when.

843. What force may be used.

844. Doors and windows may be broken, when.

845. Same.

846. Weapons may be taken from persons arrested.

847. Duty of a private person who has made an arrest.

848. Duty of officer arresting with warrant.

849. Person arrested without a warrant to be taken before a

magistrate. Information to be filed.

850. Arrest by telegraph.

851. Same.

834. 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.

835. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.

836. A peace officer may make an arrest in Arrests by obedience to a warrant delivered to him, or may,

without a warrant, arrest a person:

1. For a public offense committed or attempted in

his presence.

2. When a person arrested has committed a felony, although not in his presence.

3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested. 5. At night, when there is reasonable cause to believe that he has committed a felony.

837.

A private person may arrest another:

peace officers.

1. For a public offense committed or attempted in Arrests by his presence.

2. When the person arrested has committed a felony, although not in his presence.

3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

838. A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate.

private persons.

839. Any person making an arrest may orally sum- Persons mon as many persons as he deems necessary to him therein.

making

aid

arrest may

summon assistance.

When the

arrest may be made.

Arrest, how made.

Warrant

must be shown, when.

What force may be used.

Doors and windows may be broken, when.

840. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direction of the magistrate, indorsed upon the warrant.

841. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or is pursued immediately after its commission, or after an escape.

NOTE. Where a party is arrested in the commission of an offense, or upon fresh pursuit afterwards, notice of the official character of the person making the arrest, or of the cause of arrest, is not necessary.-People vs. Poole, 27 Cal., p. 572. In the same case it was held that if after the commission of a felony the guilty parties flee, and within three or four hours are pursued by officers, and the officers, by diligent pursuit, overtake them at a distance of twelve miles from where the crime was committed, this was an immediate or fresh pursuit.

842. If the person making the arrest is acting under the authority of a warrant, he must show the warrant, if required.

843. When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest.

844. To make an arrest, if the offense is a felony, a private person, if any public offense, a peace officer, may break open the door or window in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and explained the purpose which admittance is desired.

for

845. Any person who has lawfully entered a house Same. for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself, and an officer may do the same, when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein.

846. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken.

847. A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer.

Weapons taken from arrested.

may be

persons

Duty of a person who an arrest,

private

has made

Duty of

officer

with

arrested

848. An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as arresting commanded by the warrant, or as provided by law. warrant. 849. When an arrest is made without a warrant Person by a peace officer or private person, the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before filed. such magistrate.

NOTE.-The preceding Chapter is founded upon Sections 124-143, inclusive, of the Criminal Practice Act of this State.

without n be taken

warrant to

before a magistrate

Informa

tion to be

telegraph.

850. A Justice of the Supreme Court, District or Arrest by County Judge, or the Judge of the Municipal Criminal Court of San Francisco, may, by an indorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, and thereafter a telegraphic copy

Same.

of such warrant may be sent by telegraph to one or more peace officers, and such copy is as effectual in the hands of any officer; and he must proceed in the same manner under it as though he held an original warrant issued by the magistrate making the indorsement.

NOTE.-Stats. 1862, p. 288.

851. Every officer causing telegraphic copies of warrants to be sent, must certify as correct, and file in the telegraph office from which such copies are sent, a copy of the warrant and indorsement thereon, and must return the original with a statement of his action thereunder.

May be at any time or in any place in the State.

May break open door

if

CHAPTER VI.

RETAKING AFTER AN ESCAPE OR RESCUE.

SECTION 854. May be at any time or in any place in the State.
855. May break open door or window if admittance refused.

854. (§ 144.) If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the State.

855. (§ 145.) To retake the person escaping or or window rescued, the person pursuing may break open an outer admittance or inner door or window of a dwelling house, if, after notice of his intention, he is refused admittance.

refused.

CHAPTER VII.

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DE-
FENDANT, OR HOLDING HIM TO ANSWER.

SECTION 858. Magistrate to inform the defendant of the charge, and his right to counsel.