Duty to Delivery Arrestee to Judge, or to Peace Officer

(a) An officer making an arrest under a warrant or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a judge of the Superior Court. (b) Notwithstanding Subsection (a), a private person who has arrested another for the commission of an offense, may deliver him to a peace officer who shall take the person arrested before the judge. (c) The person arrested shall in all cases be taken before the judge within forty-eight (48) hours after the arrest, except that when the forty-eight (48) hour period expires, it is the burden of the government to demonstrate that a bona fide emergency or an extraordinary circumstance existed. SOURCE: Subsection (c) amended by P.L. 29-075:1 (May 9, 2008). NOTE: Section 45.10 is based on the first sentence of former Rule 5 and portions of former §§ 825 and 847 - 849. See also former §§ 821-824. It should be noted that although Subsection (c) sets a maximum time period, the basic test in all cases requires no unnecessary delay. See generally B. Witkin, California Criminal Procedure Proceedings Before Trial §§ 114,117 (1963, Supp. 1973). It should also be noted that this Section does not apply where the arrested person is released pursuant to either §§ 20.60 or 25.10.