Weapons to be Taken From Arrestee

Any person making an arrest may take from the person arrested any weapon which he may have about his person and shall deliver it to the Chief of Police. NOTE: Section 20.55 continues the substance of the first sentence of former § 846. See also Cal. Pen. Code § 846. The second sentence of former § 846 is deleted. It had no California counterpart; to the contrary, there a citizen making a citizen's arrest is not permitted to make a search for contraband or seize such contraband. See People v. Sjosten, 262 C.A. 2d 539, 68 Cal. Rptr. 832 (1969). Deletion of this provision does not, of course, affect in any way a peace officer's right to make a search incident to a lawful arrest and seize evidence so obtained. See United States v. Rabinowitz, 339 U.S. 56 (1950). But see Chimel v. California, 395 U.S. 752(1969) (scope of search limited).