2009 California Penal Code - Section 852-852.4 :: Chapter 5a. Uniform Act On Fresh Pursuit

SECTION 852-852.4

852.  This chapter may be cited as the Uniform Act on Fresh Pursuit.

852.1.  As used in this chapter:
   (a) "State" means any State of the United States and the District
of Columbia.
   (b) "Peace officer" means any peace officer or member of any duly
organized State, county, or municipal peace unit or police force of
another State.
   (c) "Fresh Pursuit" includes close pursuit and hot pursuit.

852.2.  Any peace officer of another State, who enters this State in
fresh pursuit, and continues within this State in fresh pursuit, of
a person in order to arrest him on the ground that he has committed a
felony in the other State, has the same authority to arrest and hold
the person in custody, as peace officers of this State have to
arrest and hold a person in custody on the ground that he has
committed a felony in this State.

852.3.  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.

852.4.  Section 852.2 of this code shall not be construed so as to
make unlawful any arrest in this State which would otherwise be

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