In order to arrest a person and charge them with a specific penal code violation all of the following must be true:
The officer must have evidence that indicates beyond a reasonable doubt that a person has committed a misdemeanor or felony listed in this penal code.
Once a person has been arrested they must be informed of the following by a peace officer no later than upon arriving at the booking desk at a police station:
Reason for arrest to include penal code section.
Evidence used to establish “beyond a reasonable doubt”
Provide an opportunity to refute this evidence and provide his or her own counter evidence.
The officer shall consider this evidence before starting incarceration and release the person if the “beyond a reasonable doubt” standard is no longer met.
Length of sentence
Officer identification (name and badge/unit number) of the officer providing the information and who determined that an arrest should be made.
As soon as the requirements above are met the peace officer shall start the person's sentence.
A peace officer who violates this section is in violation of penal code (4)16.
This section does not require the officer who established the cause for arrest to be the officer who arrests the suspect and informs the suspect of the charges.
The officer who establishes the reason for arrest required in element 1 shall keep all records regarding the arrest and cause for 72 hours.
An officer who arrests and provides the information required in element 2 shall keep all records regarding the charges, time of arrest, and length of sentence for 72 hours.