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1. Before Arraignment


Post Arrest Procedures

Booking the Defendant

The vast majority of arrests are warrantless arrests based on probable cause. After the arrest, the defendant is transported to jail where he or she is “booked,” or processed into the jail. Booking is an administrative process, not an actual part of the arrest process. So, failure to book, or a delay in booking, a defendant does not affect the validity of the arrest. [People v Superior Court (Logue) (1973) 35 CA3d 1, 6.]

If the arrestee needs immediate medical attention, he or she will be taken to a hospital before being booked. [PC §4015(b).]

Generally, the booking process includes taking the defendant’s basic personal information such as name, address, social security, phone number, and next of kin information; photographing the defendant; taking the defendant’s fingerprints; collecting his or her property; and effecting a body search of the defendant.

As soon as the defendant is booked, unless physically impossible, no later than three hours after arrest, he or she is entitled to at least three completed telephone calls to an attorney, a bail bonds person, a relative, and/or another person. The peace officers are not allowed to monitor or record these calls. [PC §851.5.]

Once the booking procedures are complete, the defendant is taken to a jail cell where he or she will remain until released either on bail or on his or her own recognizance (for minor offenses), or until the defendant appears at arraignment.

  © 2008 Judicial Council of California