A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate.

(Enacted 1872.)

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Terms Used In California Penal Code 838

  • Arrest: Taking physical custody of a person by lawful authority.
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • person: includes a corporation as well as a natural person. See California Penal Code 7