Statutory Limitations:

Daytime and Nighttime Arrests:

Daytime and Nighttime Arrests (P.C. § 840):

Felony Arrests

Felony Arrests:  An arrest for the commission of a felony may be made:

Without an Arrest Warrant

Without an Arrest Warrant:  Any time of the day or night, in any public place or while already in custody on another charge, whether or not the offense occurred in the officer's presence.  (P.C. § 836(a)(2))

Exception:  A police officer cannot make a warrantless arrest within the subject's own home (People v. Ramey (1976) 16 Cal.3^rd 263, 276; Payton v. New York (1980) 445 U.S 573 [63 L.Ed.2^nd 639].), or the home of another person (Steagald v. United States (1981) 451 U.S. 204 [68 L.Ed.2^nd 38.]; see below.), absent an exception.

Exception to Exception:  When the officer is already and/or otherwise lawfully in the home, exigent circumstances exist, or defendant is standing in the threshold.  (See examples, below.)

With an Arrest Warrant

With an Arrest Warrant:  Any time of the day or night, in any place, including the subject's own home.  (P.C. § 836(a)):

Exception #1:  Cannot make a felony warrant arrest within a third person's home, unless the officer also first obtains a search warrant for the third person's home (See Steagald v. United States, supra, and below.) or is already and otherwise lawfully in the third person's home.

Exception #2:  Private persons may not serve arrest warrants.  (P.C. §§ 813, 816)

Misdemeanor (and Infraction) Arrests:

Without an Arrest Warrant

Without an Arrest Warrant:  Any time of the day or night, in any public place or while already in custody.  (P.C. § 836(a)(1))

Exception #1:  Cannot make a warrantless arrest within the subject's own home (People v. Ramey. Supra: Payton v. New York, supra.), or the home of another person (Steagald v. New York, supra, and below.), absent an exception.

Exception to Exception:  Misdemeanor or infraction committed in the officer's presence or the presence of a private citizen (in the case of a private person's arrest), while already and/or otherwise lawfully in the home.  (See examples, below.)

Exception #2:  Cannot make a warrantless arrest for a misdemeanor or infraction not committed in the officer's presence, or the presence of the private person (in the case of a private person's arrest).

            But see exceptions, above.

Exception #3:  Cannot make a warrantless arrest for a "stale misdemeanor (or infraction)."  (Jackson v. Superior Court (1950) 98 Cal.App.2^nd 183, 187; see above.)

With an Arrest Warrant

With an Arrest Warrant:  Any time of the day or night, in any place, including the subject's own home.  (P.C. § 836(a))

Exception #1:  Cannot make a misdemeanor warrant arrest at night within the subject's home unless the warrant is "endorsed for night service" by a judge.  (P.C. § 840(4))  (See above)

"Nighttime" for purposes of an arrest warrant is 10:00 p.m. to 6:00 a.m.

The need for a nighttime endorsement must be justified before a judge will approve it; i.e., why does this defendant need to be arrested at night?  (See People v. Kimble (1988) 44 Cal.3^rd 480, 494; discussing the need for justifying nighttime service for a search warrant.)

Exception #2:  Cannot make a misdemeanor warrant arrest within a third person's home, unless the officer also first obtains a search warrant for the third person's home (See Steagald v. United States, supra.) or is already and otherwise lawfully in the third person's home.

Exception #3:  Private citizens may not serve arrest warrants.  (P.C. §§ 813, 816)

Penal Code § 964: Victim and Witness Confidential Information

Penal Code § 964:  Victim and Witness Confidential Information:  Requires the establishment of procedures to protect the confidentiality of "confidential personal information" of victims and witnesses.  The section is directed primarily at prosecutors and the courts, but also contains a provision for documents filed by law enforcement with a court in support of search and arrest warrants; i.e., an affidavit. 

"Confidential personal information" includes, but is not limited to,  addresses, telephone numbers, driver's license and California identification card numbers, social security numbers, date of birth, place of employment, employee identification numbers, mother's maiden name, demand deposit account numbers, savings or checking account numbers, and credit card numbers.  (Subd. (b))

Live Lineups

Live Lineups:  An ex parte court order requiring an un-charged criminal suspect to submit to a live lineup, even though there is probable cause to arrest the subject, is unenforceable.  There is no statutory procedure for accomplishing such a procedure.  (Goodwin v. Superior Court (2001) 90 Cal.App.4^th 215.)