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of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

County of

The People of the State of California to any Sheriff, Constable, Its form. Marshal, Policeman in this State, or the County of

a complaint upon oath having been this day laid before me, by A. B., that the crime of (designate it) has been committed, and accusing C. D. thereof, you are therefore commanded forthwith to arrest the above named C. D. and bring him before me at (naming the place) or in case of my absence or inability to act, before the nearest and most accessible magistrate in this county.

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day of

18

name, how

SEC. 108. The warrant must specify the name of the defendant, or Defendant's if it be unknown to the magistrate, the defendant may be designated stated." therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued, and be signed by the magistrate with his name of office.

whom to be executed.

SEC. 109. The warrant must be directed to and executed by a Warrant, by peace officer. SEC. 110. Peace officers are sheriffs of counties, and constables, Peace officers marshals, and policemen, of cities and towns respectively.

enumerated.

whom directed.

SEC. 111. If a warrant be issued by a justice of the supreme court, Warrant, to district judge, or county judge, it may be directed generally to any sheriff, constable, marshal, or policeman, in this state, and may be executed by any of those officers to whom it may be delivered.

Endorsement

SEC. 112. If it be issued by any other magistrate, it may be directed The like. generally to any sheriff, constable, marshal, or policeman, in the county in which it is issued, and may be executed in that county, or if the defendant be in another county it may be executed therein upon the written direction of a magistrate of that county, endorsed on warrant. upon the warrant signed by him, with his name of office, and dated at the county, city, or town where it is made to the following effect. This warrant may be executed in the county of case may [be].

or as the

SEC. 113. The endorsement mentioned in the last section shall not Endorsement, when it may however be made, unless the warrant be accompanied with a certifi- be made. cate of the county clerk, under the seal of this court, as to the official character of the magistrate, or unless upon the oath of a credible witness in writing, endorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon such proof, the magistrate endorsing the warrant, shall be exempted

Proceedings on arrest for felony.

The like for misdemeanor.

Fact of admitting to bail to be certified on warrant, and defendant discharged.

Defendant to be taken before magistrate.

Before what magistrate to be taken.

To be without delay.

When defendant demands a hearing.

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Proceedings on complaint

for offence

triable in

from the liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued.

SEC. 114. If the offence charged in the warrant be a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided in section one hundred and eighteen.

SEC. 115. If the offence charged in the warrant be a misdemeanor, and the defendant be arrested in another county, the officer must, upon being so required by the defendant, bring him before a magistrate of such county, who shall admit the defendant to bail.

SEC. 116. On admitting the defendant to bail, the magistrate shall certify on the warrant the fact of his having done so, and deliver the warrant and recognizance to the officer having charge of the defendant. The officer shall forthwith discharge the defendant from arrest, and shall without delay deliver the warrant and recognizance to the clerk of the court at which the defendant is required to appear. SEC. 117. If on the admission of the defendant to bail, as provided in section one hundred and fifteen, or if bail be not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided by the next section.

SEC. 118. When by the preceding sections of this chapter the de fendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer shall, at the same time, deliver to the magistrate the warrant with his return, endorsed and subscribed by him.

SEC. 119. The defendant must in all cases be taken before the magistrate without unnecessary delay.

SEC. 120. If the defendant be brought before a magistrate in the same county other than the one who issued the warrant, the affidavits on which the warrant was granted, if the defendant insist upon an examination, shall be sent to such magistrate, or if they cannot be procured, the prosecutor and his witnesses shall be summoned to give their testimony anew.

SEC. 121. When a complaint is laid before a magistrate of the commission of a public offence, triable within some other county of another county. this state, but showing that the defendant is in the county where the complaint is laid, the same proceedings shall be had as prescribed in this chapter, except that the warrant shall require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offence is triable, and the depositions of the com

plainant or prosecutor, and of the witnesses who may have been produced, shall be delivered by the magistrate to the officer to whom the warrant is delivered.

SEC. 122. The officer who executes the warrant shall take the de- The like. fendant before the nearest or most accessible magistrate of the county in which the offence is triable, and shall deliver to such magistrate the depositions and the warrant with his return endorsed thereon, and such magistrate shall proceed in the same manner as upon a warrant issued by himself.

SEC. 123. If the offence charged in the warrant issued pursuant to The like. section one hundred and twenty-one be a misdemeanor, the officer shall, upon being so required by the defendant, take him before a magistrate of the county in which the said warrant is issued, who shall hold the defendant to bail, and immediately transmit the warrant, depositions, and recognizance, to the clerk of the court in which the defendant is required to appear.

CHAPTER III.

ARREST BY AN OFFICER UNDER WARRANT.

SECTION 124. Arrest is the taking of a person into custody that he Arrest defined may be held to answer for a public offence.

SEC. 125. An arrest may be either:

1st. By a peace officer under a warrant ;

2d. By a peace officer without a warrant; or,

3d. By a private person.

By whom.

SEC. 126. Every person shall aid an officer in the execution of a Who to aid warrant, if the officer require his aid, and be present and acting in

its execution.

arrest.

SEC. 127. If the offence charged be a felony, the arrest may be Arrest for felony. made on any day, and at any time of the day or night. If it be a misdemeanor, the arrest shall not be made at night, unless upon

direction of the magistrate endorsed upon the warrant.

the

made.

SEC. 128. An arrest shall be made by an actual restraint of the Arrest, how person of the defendant, or by his submission to the custody of an officer.

restraint.

SEC. 129. The defendant shall not be subjected to any more res- No unnecessary traint than is necessary for his arrest and detention.

SEC. 130. The officer shall inform the defendant that he acts under Officer to state his authority, the authority of the warrant, and shall also show the warrant if etc. required.

SEC. 131. If after notice of intention to arrest the defendant, he Flight or

resistance after arrest.

Power of officer.

The like.

When officer

may arrest

without warrant.

Power to break doors, etc.

May arrest at night.

Officer to state authority, etc.

Persons arrested while breaking the peace.

Offence committed in presence

of magistrate.

either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

SEC. 132. The officer may break open any outer or inner door or window of a dwelling-house, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

SEC. 133. An officer may break open any outer er inner door or window of a dwelling-house, for the purpose of liberating a person who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation.

CHAPTER IV.

ARREST BY AN OFFICER WITHOUT A WARRANT.

SECTION 134. A peace officer may, without a warrant, arrest a person:

1st. For a public offence, committed or attempted in his presence. 2d. When a person arrested has committed a felony, although not in his presence.

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

4th. On a charge made upon a reasonable cause of the commission of a felony by the party arrested.

SEC. 135. To make an arrest, as provided in the last section, the officer may break open any outer or inner door or window of a dwelling-house if, after notice of his office and purpose, he be refused admittance.

SEC. 136. He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterwards appear that a felony had not been committed.

SEC. 137. When arresting a person without a warrant the officer must inform him of his authority, and the cause of the arrest, except when he is in the actual commission of a public offence, or when he is pursued immediately after an escape.

SEC. 138. He may take before a magistrate any person, who, being engaged in a breach of the peace, is arrested by a bystander and delivered to him.

SEC. 139. When a public offence is committed in the presence of a magistrate he may, by a verbal order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

CHAPTER V.

ARREST BY A PRIVATE PERSON.

private person

an arrest.

SECTION 140. A private person may arrest another: First, for a When a public offence committed or attempted in his presence. Second, when may make the person arrested has committed a felony, although not in his presence. Third, when a felony has been in fact committed and he has reasonable cause for believing the person arrested to have committed it.

of arrest.

SEC. 141. He must before making the arrest inform the person to To state cause be arrested of the cause thereof, and require him to submit except when he is in the actual commission of the offence, or when he is arrested on pursuit immediately after its commission.

doors, etc.

SEC. 142. If the person to be arrested have committed a felony, May break and a private person, after notice of his intention to make the arrest, be refused admittance, he may break open any outer or inner door or window of a dwelling-house for the purpose of making the arrest. SEC. 143. A private person who has arrested another for the com- Duty after mission of a public offence must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer.

CHAPTER VI.

RETAKING AFTER AN ESCAPE OR RESCUE.

making arrest.

recapture.

SECTION 144. If a person arrested escape or be rescued, the person Power of from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and at any place within the state. SEC. 145. To retake the person escaping or rescued, the person The like. pursuing may, after notice of his intention and refusal of admittance, break open any outer or inner door or window of a dwelling-house.

CHAPTER VII.

EXAMINATION OF THE CASE AND DISCHARGE OF THE DEFENDANT, OR HOLD

ING HIM TO ANSWER.

be informed

of the charge

against him.

SECTION 146. When the defendant is brought before the magistrate Defendant to upon an arrest, either with or without warrant, on a charge of haying committed a public offence, the magistrate shall immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.

SEC. 147. He shall also allow the defendant a reasonable time to To be allowed time to procure send for counsel, and adjourn the examination for that purpose, and counsel. shall, upon the request of the defendant, require a peace officer to

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