If an arrest is made in this State by a peace officer of another State in accordance with the provisions of section 852.2 of this code, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await a reasonable time for the issuance of an extradition warrant by the Governor of this State or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

(Added by Stats. 1937, Ch. 301.)

Terms Used In California Penal Code 852.3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • county: includes "city and county". See California Penal Code 7
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • Peace officer: means any peace officer or member of any duly organized State, county, or municipal peace unit or police force of another State. See California Penal Code 852.1
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • State: means any State of the United States and the District of Columbia. See California Penal Code 852.1
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