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 § 847 (2026)

✓ current as of May 2026
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(a)A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer.

(b)There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer or federal criminal investigator or law enforcement officer described in subdivision (a) or (d) of Section 830.8, acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances:

(1)The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful.

(2)The arrest was made pursuant to a charge made, upon reasonable cause, of the commission of a felony by the person to be arrested.

(3)The arrest was made pursuant to the requirements of Section 142, 837, 838, or 839.

Notes of Decisions
Cited in 96 cases (26 in the last 5 years), 1953–2025 · leading case: Merritt Sharp, III v. Cnty. of Orange, 871 F.3d 901 (9th Cir. 2017).
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Merritt Sharp, III v. Cnty. of Orange, 871 F.3d 901 (9th Cir. 2017). · cites it 11× “55 (a) and false-arrest immunity under Cal. Penal Code § 847 (b) – SHARP V. COUNTY OF ORANGE 5 did not apply as a consequence of the panel’s determination that the deputies’ actions here were unreasonable.”
Gary Blankenhorn v. City of Orange Andy Romero Dung Nguyen Garrett Ross Tamara South Gray, Sergeant Montano, Officer Kayano, Officer Roman, Officer, 485 F.3d 463 (9th Cir. 2007). · cites it 4× “” Cal. Pen. Code § 847 (b); see also Galvin v.”
Tekle Ex Rel. Tekle v. United States, 511 F.3d 839 (9th Cir. 2007). · cites it 4× “acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances: (1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was…”
Lawman v. City & Cnty. of San Francisco, 159 F. Supp. 3d 1130 (N.D. Cal. 2016). · cites it 3× “Cal. Penal Code § 847 (b)(1). Like qualified immunity under federal law, the statute immunizes officers from false arrest claims where there is “reasonable cause to believe the arrest was lawful,” which California courts have defined as existing when “the facts known to the…”
Schmidlin v. City of Palo Alto, 69 Cal. Rptr. 3d 365 (Cal. Ct. App. 2008). · cites it 2× “) Penal Code section 847 concerns arrests by private persons and, as relevant here, "deliver[y]" of the arrestee to a peace officer.”
Cornell v. City & Cnty. of S.F., 225 Cal. Rptr. 3d 356 (Cal. Ct. App. 5th 2017). “Penal Code section 847, subdivision (b) provides that "[t]here shall be no civil liability on the part of, and no cause of *786 action shall arise against, any peace officer .”
Santiago Rivera v. Cnty. of Los Angeles, 745 F.3d 384 (9th Cir. 2014). · cites it 2× “” Cal. Penal Code § 847 (b)(1). In Lopez v.”
Mario Garcia v. Cnty. of Riverside, 817 F.3d 635 (9th Cir. 2016). · cites it 2× “I § 13, and false imprisonment) because of immunities provided in California Penal Code § 847 and California Civil Code § 43.”
Larry Donnell George v. City of Long Beach Robert Fowks Harry Kartinen, 973 F.2d 706 (9th Cir. 1992). · cites it 3× “The magistrate judge considered California Penal Code §§ 847 and 836 4 in granting the di *710 rected verdict.”
Hopkins v. Bonvicino, 573 F.3d 752 (9th Cir. 2009). “See Cal. Penal Code § 847 . However, we reversed dismissal of the plaintiffs federal claims, holding that the officers could be liable under the Fourth Amendment because they did not have sufficient independent probable cause to arrest Arpin.”
People v. Zelinski, 594 P.2d 1000 (Cal. 1979). · cites it 2× “Code, § 846) before taking the offender to a magistrate or delivering him to a peace officer (Pen. Code, §§ 847, 849). [4] Store personnel Moore and O'Connor were acting under this statutory authority when they arrested defendant and took her into custody for leaving the store…”
Koistra v. Cnty. of San Diego, 310 F. Supp. 3d 1066 (S.D. Cal. 2018). · cites it 2× “*1088 California Penal Code section 847 provides that a peace officer shall have no liability for false arrest or false imprisonment arising out of an arrest that was lawful or the officer had reasonable cause to believe that the arrest was lawful.”
Show all 96 citing cases →
— Cal. Penal Code § 847(a) — 3 cases
Larry Donnell George v. City of Long Beach Robert Fowks Harry Kartinen, 973 F.2d 706 (9th Cir. 1992). “The magistrate judge considered California Penal Code §§ 847 and 836 4 in granting the di *710 rected verdict.”
Goehring v. Wright, 858 F. Supp. 989 (N.D. Cal. 1994).
Meyers v. Redwood City, 400 F.3d 765 (9th Cir. 2005).
— Cal. Penal Code § 847(b) — 14 cases
Gary Blankenhorn v. City of Orange Andy Romero Dung Nguyen Garrett Ross Tamara South Gray, Sergeant Montano, Officer Kayano, Officer Roman, Officer, 485 F.3d 463 (9th Cir. 2007). “” Cal. Pen. Code § 847 (b); see also Galvin v.”
Tekle Ex Rel. Tekle v. United States, 511 F.3d 839 (9th Cir. 2007). “acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances: (1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was…”
Jose Aguado Cervantes v. United States, 330 F.3d 1186 (9th Cir. 2003).
Liberal v. Estrada, 632 F.3d 1064 (9th Cir. 2011).
Lawman v. City & Cnty. of San Francisco, 159 F. Supp. 3d 1130 (N.D. Cal. 2016). “Cal. Penal Code § 847 (b)(1). Like qualified immunity under federal law, the statute immunizes officers from false arrest claims where there is “reasonable cause to believe the arrest was lawful,” which California courts have defined as existing when “the facts known to the…”
— Cal. Penal Code § 847(b)(1) — 22 cases
Tekle Ex Rel. Tekle v. United States, 511 F.3d 839 (9th Cir. 2007). “acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances: (1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was…”
Santiago Rivera v. Cnty. of Los Angeles, 745 F.3d 384 (9th Cir. 2014). “” Cal. Penal Code § 847 (b)(1). In Lopez v.”
Lawman v. City & Cnty. of San Francisco, 159 F. Supp. 3d 1130 (N.D. Cal. 2016). “Cal. Penal Code § 847 (b)(1). Like qualified immunity under federal law, the statute immunizes officers from false arrest claims where there is “reasonable cause to believe the arrest was lawful,” which California courts have defined as existing when “the facts known to the…”
Knapps v. City of Oakland, 647 F. Supp. 2d 1129 (N.D. Cal. 2009).
Edgerly v. City & Cnty. of San Francisco, 495 F.3d 645 (9th Cir. 2007).
— Cal. Penal Code § 847(b)(3) — 1 case
Meyers v. Redwood City, 400 F.3d 765 (9th Cir. 2005).
— Cal. Penal Code § 847(b)(l) — 1 case
Close v. Tan CA1/3 (Cal. Ct. App. 2021).
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