Section 849 Of Chapter 5. Arrest, By Whom And How Made From California Penal Code >> Title 3. >> Part 2. >> Chapter 5.
849
. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before the magistrate.
(b) A peace officer may release from custody, instead of taking
the person before a magistrate, a person arrested without a warrant
in the following circumstances:
(1) The officer is satisfied that there are insufficient grounds
for making a criminal complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and the person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
(4) The person was arrested for driving under the influence of
alcohol or drugs and the person is delivered to a hospital for
medical treatment that prohibits immediate delivery before a
magistrate.
(c) The record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, the arrest shall not be deemed an arrest, but a
detention only.