Many people think of a “citizen’s arrest” as something from previous centuries. In fact, they are still legal throughout the U.S. – including here in California. Our readers may have even seen or read about incidents during the January wildfires where Los Angeles area residents detained people they saw who were setting or appeared to be trying to set fires until law enforcement officers could get to the scene.
One of these residents, an actor, told the media he used de-escalation techniques he’d learned when he worked on a police show to help prevent his neighbors’ “arrest” of the alleged arsonist from becoming violent.
When can such an arrest be made?
“Arrests by private persons,” as they’re known under California law, must adhere to the law. The statute that addresses them states that a “private person” may detain someone under the following circumstances:
- The person being arrested committed or tried to commit a “public offense” (a misdemeanor or less) in their presence.
- The person being arrested committed a felony offense, whether it was in their presence or not.
- The person making the arrest had “reasonable cause” to believe the person committed a felony as long as that felony actually occurred.
A person who makes a citizen’s arrest must notify law enforcement immediately. It’s up to them to then determine whether the person being detained should be officially arrested. Meanwhile, anyone who makes a citizen’s arrest must provide a sworn statement regarding what occurred. This will likely be used in determining whether the person is charged with a criminal offense.
When someone has been subject to a citizen’s arrest and then taken into police custody, it can be challenging to determine whether their rights have been violated. As noted, those making the arrest can only do so under limited circumstances. Even then, the law doesn’t give people the right to use violence.
Law enforcement officers are required to follow their usual protocols, such as reading people their Miranda rights. Anyone who has been detained in a citizen’s arrest and then taken into custody by law enforcement should get experienced legal guidance as soon as possible to protect their rights.