Penal Code section 840

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.

Source: Section 840, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=840.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 840’s source at ca​.gov