In California, private citizens may arrest suspects of specific crimes under certain conditions, as outlined in California Penal Code Section 837 PC. Citizens can either arrest someone independently or lawfully request assistance from others.
However, it is essential to acknowledge that making a citizen's arrest entails significant responsibilities. Citizens must understand the legal implications of a citizen's arrest and the potential civil and criminal liabilities that can arise from an improper arrest.
If a citizen commits an illegal arrest, they could face civil lawsuits or criminal charges, such as Penal Code 242 PC for battery or Penal Code 236 PC for false imprisonment.
In more serious situations, they might even be charged with Penal Code 207 PC for kidnapping.
While California law allows citizens to make arrests in certain circumstances, citizens should exercise caution. Making a mistaken or false arrest can lead to severe consequences.
What Does PC 837 State?
PC 837 states that a private individual can arrest someone in certain situations: "(1) if they witness a public offense being committed or attempted; (2) if they know that the person has committed a felony, even if not present at the time; and (3) if a felony has actually been committed and they have reasonable grounds to believe the person arrested is responsible."
According to California Penal Code 837 PC, a private individual may only perform a citizen's arrest under specific conditions:
- When someone commits or tries to commit a misdemeanor in front of a citizen;
- When a citizen is aware that someone has committed a felony, even if not caught in the act, or
- When a felony has actually been committed, and the citizen has reasonable grounds to believe that the individual committed the crime.
Common felony crimes where a citizen's arrest may be applicable include Penal Code 261 PC for rape and Penal Code 187 PC for murder. Misdemeanor offenses cover Penal Code 484 PC for petty theft, Penal Code 647(b) for solicitation of prostitution, and Penal Code 314 PC for indecent exposure.
Suggested Steps for Conducting a Citizen's Arrest
Although PC 837 doesn't specify a particular process for a citizen's arrest, courts have suggested best practices, including the following recommendations:
- Clearly inform the individual that you are executing a citizen's arrest.
- Clearly explain the reason for the arrest.
- Clearly specify the authority responsible for making the arrest, such as California law or witnessing the crime; and
- If relevant, inform the individual that you have contacted the police.
Finally, if you haven't already, call 911 and ensure police are on the scene as quickly as possible. A citizen's arrest is mainly to hold the perpetrator until authorities arrive.
What is the Stance on Using Reasonable Force?
If the perpetrator attempts to escape, the law permits private citizens to use "reasonable force" to detain them until the police arrive.
However, exercise caution, as "reasonable force" is assessed on a case-by-case basis. If your force is later considered unreasonable, you may face civil or criminal liability. Individuals should use only the minimum necessary force when making arrests and avoid applying force unnecessarily.
Excessive or unwarranted force can have serious consequences. Making a citizen's arrest involves inherent risks. Consider the following points if you choose to arrest someone:
- Avoid using force whenever possible. Reasonable force is acceptable only when necessary, but it should be a last resort, as excessive use could put you in danger.
- Always prioritize safety for yourself, the perpetrator, and others. If you believe that making a citizen's arrest could threaten your safety or cause violence, it's best to err on the side of caution.
- Avoid risking harm by engaging in dangerous chases. Whether on foot or in a vehicle, pursuing a suspect can lead to injuries and property damage.
What Are the Risks of Civil and Criminal Liability?
Citizens should be aware that making an improper citizen's arrest can have serious consequences. You might be held liable if the individual did not commit a crime, if you lacked sufficient cause to believe they did (such as insufficient evidence), or if you used more than reasonable force.
Specifically, suppose you exceed the legal grounds for making a citizen's arrest. In that case, the perpetrator can sue you for any resulting loss or damage, such as injuries, medical expenses, time off work, or mental distress.
If you apply excessive force or lack the authority to use force, you could face criminal charges under Penal Code 240 PC for assault or Penal Code 242 PC for battery. Additionally, if you do not have the legal authority to make an arrest, you could be charged with false imprisonment or kidnapping.
What is the Main Takeaway Regarding a Citizen's Arrest?
While California allows you to make a citizen's arrest under PC 837, always use common sense and be aware of your legal limits when deciding to do so. Here are some basic rules: avoid trying to be a hero or ignoring the safety of others nearby. Also, do not attempt to search the person, as you are not a law enforcement officer.
Avoid pursuing the alleged perpetrator either on foot or with a vehicle, as it is too dangerous and endangers others. Do not try to make a citizen's arrest unless you directly witnessed the crime or have strong reasons to believe the person committed a felony.
Be very clear when communicating during a citizen's arrest. Prioritize your own safety and the safety of others, exercising caution to avoid potential legal liability. Immediately call 911, describe the situation, and provide a description of the suspect.
You can contact our California criminal defense attorneys for an initial case review by phone or through our contact form. Cron, Israels & Stark is based in Los Angeles.
