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      Chapter 4: Arrests:
         Civil Liability

Civil Liability

Civil LiabilityThere shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest when:

  • P.C. § 836 (a), (b): Such arrest was lawful or when the officer, at the time of the arrest, had reasonable or probable cause to believe the arrest was lawful.
  • P.C. § 838: A magistrate orally ordered the officer to arrest a person who was committing a public offense in the magistrate's presence.
  • P.C. § 839: An officer was responding to an oral request for assistance in making an arrest.
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<- Previous Page
Follow-Up Requirements After Arrest:
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Chapter 4: Arrests:
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Chapter 5: Searches: