Does Section 844 of the California Criminal Code require notice of the arresting officer's authority?
California, United States of America
The following excerpt is from People v. Bittaker, 259 Cal.Rptr. 630, 48 Cal.3d 1046, 774 P.2d 659 (Cal. 1989):
This court has held that sections 844 and 1531 are "identical in principle," so although section 844 does not expressly require notice of the arresting officer's authority, this type of notice is "an integral part of the rule stated in section 844." (Greven v. Superior Court (1969) 71 Cal.2d 287, 292, fn. 6, 78 Cal.Rptr. 504, 455 P.2d 432.)
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