A warrant of arrest issued under Section 813 may be in substantially the following form:

Terms Used In California Penal Code 814

  • Arrest: Taking physical custody of a person by lawful authority.
  • county: includes "city and county". See California Penal Code 7
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • Oath: A promise to tell the truth.
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7

County of ____

The people of the State of California to any peace officer of said State:

Complaint on oath having this day been laid before me that the crime of ____ (designating it generally) has been committed and accusing ____ (naming defendant) thereof, you are therefore commanded forthwith to arrest the above named defendant and bring him or her before me at ____ (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

Dated at  (place) this day of ,
20__.

 (Signature and full official title of magistrate.)

 

(Amended by Stats. 2015, Ch. 303, Sec. 391. (AB 731) Effective January 1, 2016.)

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