Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE / CHAPTER 5. Arrest, by Whom and How Made
California Codes

Cal. Penal Code § 841 (2026)

Arrest, by Whom and How Made

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The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.

The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested.

Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1942–2023 · leading case: United States v. Hector Magallon-Lopez, 817 F.3d 671 (9th Cir. 2016).
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United States v. Hector Magallon-Lopez, 817 F.3d 671 (9th Cir. 2016). · cites it 2× “15 (2); Cal. Penal Code § 841 ; Mass. Gen. Laws ch.”
People v. Miller, 496 P.2d 1228 (Cal. 1972). · cites it 4× “The code thus requires as a condition of compliance that the officer formulate a belief of guilt at the time of arrest.”
People v. Superior Court, 496 P.2d 1205 (Cal. 1972). · cites it 2× “) Penal Code section 841 requires that an officer inform the person to be arrested of, among other things, "the cause of the arrest.”
People v. Martin, 290 P.2d 855 (Cal. 1955). “Before the window was opened the officers had grounds for making an arrest, and once their demand for admittance was refused, they were entitled to enter through the window.”
People v. Celestine, 9 Cal. App. 4th 1370 (Cal. Ct. App. 1992). · cites it 2× “) The deputy's advisement (you are under arrest for possession of rock cocaine for sale) was "words or actions normally attendant to arrest" (Pen. Code, § 841 [1] and hence expressly outside the definition of "interrogation.”
State v. Clark, 296 N.W.2d 359 (Minn. 1980). “The State notes that Cal. Penal Code § 841 (West 1970) provides that “[t]he person making the arrest must, on the request of the person he is arresting, inform the latter of the offense for which he is being arrested.”
People v. Manis, 268 Cal. App. 2d 653 (Cal. Ct. App. 1969). “(Pen. Code, § 841.) A subsequent complaint stating the charge against the arrested person is normally required.”
People v. Bevins, 6 Cal. App. 3d 421 (Cal. Ct. App. 1970). · cites it 2× “) (5) Penal Code section 841, which requires that the person making the arrest must inform the person to be arrested of the cause of the arrest, does not require the officer to inform the person he is arresting of the nature of each offense for which he is being arrested unless…”
People v. Jablon, 314 P.2d 824 (Cal. Ct. App. 1957). “In support of the order defendant asserts the arrest and the search and seizure were unlawful; and the magistrate erred in admitting the articles found in the apartment and in the automobile in evidence.”
Johanson v. Dep't of Motor Vehs., 36 Cal. App. 4th 1209 (Cal. Ct. App. 1995). “When there is an appreciable lapse in time such that the person arrested would not necessarily be familiar with the circumstances justifying the arrest, Penal Code section 841 requires a formal advisement.”
People v. Cove, 228 Cal. App. 2d 466 (Cal. Ct. App. 1964). “) 5 Penal Code section 841 provides: "The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the *473 person making the arrest has reasonable cause to believe that…”
James Vernon Ward v. United States, 316 F.2d 113 (9th Cir. 1963). “Appellant also urges, conceding the citizen’s authority to arrest, that the arrest was not made properly, nor in accordance with California Penal Code § 841, because no mention was made to appellant of the cause of arrest and the authority to make it.”
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