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Cal. Penal Code § 838

Arrest, by Whom and How Made

Applied in 2 court decisions — leading case Frazier v. Moffatt (1951)

Most recently applied in Amos v. Superior Court (June 1960)

Enacted 1872.

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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.