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What Is The Penal Code 836?

What Is The Penal Code 836

Penal Code 836 is a section within the California Penal Code that outlines the authority of peace officers to make arrests without a warrant. Specifically, Penal Code 836 grants peace officers the authority to arrest someone without a warrant under certain circumstances.

Penal Code 836 states that a peace officer may arrest a person without a warrant under any of the following circumstances…

1. When the officer has probable cause to believe that the person has committed a felony, whether or not the felony has been committed.
2. When the officer has probable cause to believe that the person has committed a misdemeanor in the officer’s presence.
3. When the officer has probable cause to believe that the person has committed a misdemeanor, and the person has refused to identify themselves or provide satisfactory evidence of their identity.

This section of the Penal Code grants peace officers the authority to make warrantless arrests in situations where they have reasonable grounds to believe that a crime has been or is being committed. It is important to note that the specifics of how this authority is exercised, including what constitutes probable cause, can vary based on legal interpretation and court rulings.

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