Pay4Play Citizen's Arrests?

[DEFCON ZERO]

Typical Case:

Guy witnesses Thug breaking into Car and calls Cops, Owner also shows up but both Cops and Owner arrive after the Action.

Guy then reconsiders and says "I'd rather not be involved". Would it be legal for Owner to offer Guy money etc to have him Get Involved and swear out a Citizen's Arrest on Thug?

Is that kinda what those signs at construction sites are about? "$1000 for info leading to arrest" etc?

[sealocan]

I'm not sure I have the answer to your general question but usually those signs/ statements/posters say "conviction" not just "arrest" of the criminal.


You know how the court system works, not only is it harder to get a conviction, there's usually a plea bargain in play with almost any crime.

= probably not a conviction.


On the bright side the good guy might get arrested also.

So if they're paying for just "arrests" maybe you'll get two times as much.

[Dark Hunt]

The Defense attorney would love that.

[003]

Given that burglary is a felony (wobbler), there is no need for a private person arrest, even if the vehicle owner and/or the police did not see the actual crime take place, the police can arrest and book the suspect for the crime of burglary. Prosecution would depend on physical evidence, witness statements, suspect statements etc.

"Burglary in the state of California, CA Penal Code 459[1], is different from theft and robbery. It is, in itself, it’s own crime and because of this it has it’s own qualifications and it’s own punishments. CA Penal Code 459 is when a person, upon entering a structure, breaks into a locked vehicle, with the intend to commit a crime. Burglary is a wobbler, meaning it can either be charged as a misdemeanor or a felony depending on a defendant’s past and the details of the crime.

Burglary is commonly referred to as breaking and entering but the act of “breaking” into a structure is not necessary. A person can be charged with burglary even if they walked through open doors, the important factor however is when they walked through those open doors, did they have the intent to commit a felony."

As an example, a person enters a convenience store with a gun with the intent to commit robbery (211PC). The moment he enters the store, the elements of the crime of burglary are satisfied.

[RickD427]

A person can be charged with burglary even if they walked through open doors, the important factor however is when they walked through those open doors, did they have the intent to commit a felony."

Not true in the case of a vehicle. The vehicle must be locked in order for a burglary to occur. Please refer to the highlighted part of Penal Code section 459 below:

"Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked

[003]

Rick:

You caught that as I was making the appropriate addition/correction. Good God, I didn't have two minutes to clean it up. But good catch.

[P5Ret]

If certain legislator's get their way, pretty much all theft cases will be civil issues before too long. They are already trying it with most of the vehicle code so why not lesser offenses in the penal code too.

[RickD427]

If certain legislator's get their way, pretty much all theft cases will be civil issues before too long. They are already trying it with most of the vehicle code so why not lesser offenses in the penal code too.

Excellent point.

One collateral effect of reducing felony offenses to misdemeanors is that the ability for LEO's to make an on-scene arrest goes away unless the officer was present when the offense was committed.

[DEFCON ZERO]

OK, forget my example.

Just want to know "Is Pay4Play in a Citizen's Arrest legal?"

Lets assume its a case where a CA is required but the person who COULD make a CA is getting Cold Feet, and the victim wants the arrest made, and has something of value he'd be willing to give to make the CA happen.

I'm thinking "yes" because Security Guards, and other retail employees, do CAs, since they ain't cops, as part of their job.

Just wondering if barging into the situation flashing cash would be seen as "messing with justice" or something, because you are trying to get between the witness and the cops.

[bshort]

OK, forget my example.

Just want to know "Is Pay4Play in a Citizen's Arrest legal?"

Lets assume its a case where a CA is required but the person who COULD make a CA is getting Cold Feet, and the victim wants the arrest made, and has something of value he'd be willing to give to make the CA happen.

I'm thinking "yes" because Security Guards, and other retail employees, do CAs, since they ain't cops, as part of their job.

Just wondering if barging into the situation flashing cash would be seen as "messing with justice" or something, because you are trying to get between the witness and the cops.

137 PC comes to mind. It's a stretch, but you're effectively paying someone for testimony. The hinge is the corrupt intent. I believe that it could be articulated in such a way as to show the intent was to pay for something the individual was reluctant to give. Now, if the pay was to actually occur, your case would never be prosecuted....effectively wasting your money.

[flyer898]

A private person making arrest may be civally liable for for false arrest, despite probable cause supporting the arrest, if there is no conviction.
003 the intent element for burglary is intent to commit a theft or any felony.

[stevebla]

They would just release him on own recognizance. There is no consequence for minor crime in California anymore.

[003]

A private person making arrest may be civally liable for for false arrest, despite probable cause supporting the arrest, if there is no conviction.
003 the intent element for burglary is intent to commit a theft or any felony.

Of course,who ever implied it wasn't. Entering with the intent to commit grand or petty thief or any felony.