California Penal Code
Penal Code § 836 Peace Officer Arrest Authority
Sets out when a peace officer may make an arrest with or without a warrant, including the probable cause standard.
Statute text, verbatim
What the code actually says
The verbatim text for this section is being re-verified. Read it on the official California legislative site in the meantime.
Read on leginfo.legislature.ca.govReport readiness
What a report needs to survive this charge.
Knowing the code is the easy part. Cases get kicked when the narrative never documents an element the prosecutor has to prove.
Elements to document
- Probable cause existed at the moment of arrest
- The facts supporting probable cause are stated, not summarized
- For misdemeanors, the offense occurred in the officer's presence or an exception applies
- The timeline of detention to arrest is documented
Common report defects
- The report says 'probable cause was established' without listing the facts
- Detention-to-arrest escalation is not explained
- Misdemeanor presence requirement is never addressed
Abbreviated for reference. Report960 runs the full element and defect checklist against your narrative and quotes the exact passage behind every finding. This page is not legal advice.
Related sections
Charges that travel together.
Check a Penal Code § 836 report
Every element, checked.Every finding, quotable.
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