Peace Officer Arresting Without Warrant; Circum-

8 GCA § 20.15 — under Arrest.

8 GCA § 20.15

stances. (a) A peace officer may make an arrest in obedience to a warrant, or may, without a warrant, arrest a person: (1) Whenever the officer has reasonable cause to believe that the person to be arrested has committed an offense in the officer's presence; (2) When the person arrested has committed a felony, although not in the officer's presence; (3) Whenever the officer has reasonable cause to believe that the person to be arrested has committed a felony or misdemeanor whether or not a felony or misdemeanor has in fact been committed. (4) Who has escaped from any jail or prison or the lawful custody of a peace officer. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, a peace officer for false arrest or false imprisonment for an arrest which is lawful under Subsection (a). NOTE: Section 20.15 supersedes and narrows Penal Code Sec. 836. This Section is based upon §§ 836 and 836.3 of the California Penal Code. (See B. Witkin, California Criminal Procedure, Proceedings Before Trial § 102- 105 (1963, Supp. 1973.) Note that Subsection (a) (2) requires that a felony be committed out of the presence of the officer. Former law required only a "public offense". Subsection (a)(3) lessens the effect of (a)(2), but narrows former law by excluding petty misdemeanors and violations from those offenses for which a person may be arrested without a warrant. Subsection (a)(4) is not included within the former Penal Code, but was implied by the whole of § 836 of the PC. Subsection (b) Provides positive immunity against civil liability for officers who act in accordance with the law.