Possession of Warrant not Required by Peace Officer

if Warrant Exists. An arrest by a peace officer pursuant to a warrant is lawful whether or not the officer has the warrant in his possession at the time of the arrest. However, upon requires of the person arrested, the warrant shall be shown to him as soon as practicable. NOTE: Section 20.40 continues the substance of a portion of former Rule 4(c)(3). Contrast former § 842. In form, the section is based on § 842 of the California Penal Code. See generally B. Witkin, California Criminal Procedure Proceedings Before Trial § 108(1963). § 20.40 obviates the need for a procedure for "sending" copies of a warrant by telephone, since the officer need not have the warrant in his possession. Compare former § 850.