California · Penal Code

PEN §828: The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the complaint and t

Civil

What this law says, in plain English

This statute describes the procedure for law enforcement executing a warrant: the officer must bring the defendant before a magistrate in the proper county and deliver the complaint and warrant; the magistrate then proceeds as if they had issued the warrant themselves.

Read the full statutory text

The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

Verify at the official source: California legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.