Citizens Arrest - Pro and Con

[CSDGuy]

If one reads the actual Penal Code regarding Arrests, it pretty well spells out when a Peace Officer may, may not, and is required to, make an arrest. Misdemeanors and infractions must be witnessed by the Peace Officer. A Peace Officer can arrest you for a misdemeanor not witnessed by him/her as directed by an Arrest Warrant...

You'd be amazed what you can learn from taking a PC 832 course... and you'd be amazed what you can learn from reading the relevant portions of the Penal Code. Oh, and in reading the PC, one might learn that there's another enforcement "animal" called "Public Officer"... and good luck finding a definition for those in the Penal Code. Perhaps in the Government Code...

[Samuelx]

There are a few misdemeanors (I think this year it's 9) we can arrest for without having witnessed the act or having an arrest warrant.

Also FWIW, we can also arrest for simple traffic violations.

[The Director]

There are a few misdemeanors (I think this year it's 9) we can arrest for without having witnessed the act or having an arrest warrant.

Also FWIW, we can also arrest for simple traffic violations.

Isn't one (or more) of them DV related? Also, can you arrest for a 415 since by the time you get there, all the hooplah has probably died down (i.e you would not have witnessed the disturbance)?

[Samuelx]

Isn't one (or more) of them DV related? Also, can you arrest for a 415 since by the time you get there, all the hooplah has probably died down (i.e you would not have witnessed the disturbance)?

Yes, DV battery, DV court order violation. Simple 415, no.

[sfmc98]

Just about everything you've written has been spot on except for this. Infractions are indeed public offenses.

California Penal Code 16:

"Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions."

However, there is no real bureaucratic mechanism for making such an arrest.

Also private parties cannot make arrests for infractions. Infractions are not "public offenses".
.[/b]

[Samuelx]

Just about everything you've written has been spot on except for this. Infractions are indeed public offenses.

California Penal Code 16:

"Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions."

However, there is no real bureaucratic mechanism for making such an arrest.

[sfmc98]

Not sure if you were talking to me or not. Are you familiar with Devallis Rutledge?

As the quote indicated, I was responding to SVT-40. And no I'm not familiar with Devallis Rutledge. What was the point you were trying to make?

[Samuelx]

Copy, I wasn't reading carefully enough... my bad...

Devallis Rutledge is a big time SME on Search/Seizure, among other topics...

I wasn't sure what you meant by "there is no real bureaucratic mechanism for making such an arrest" - my point was there ARE case laws that support arresting on public offenses/infractions...

[sfmc98]

my point was there ARE case laws that support arresting on public offenses/infractions...

I was talking about the possibility of making a private person's arrest on a traffic infraction. If you even managed to get someone pulled over and then contacted the police, you would have an awfully hard time getting the officer 1)to not arrest you for impersonating a peace officer 2) getting them to issue a citation. 3) getting the court to accept a private person as the prosecuting party.

Funny, now that you bring up his name, I'm looking at a bunch of LawTech books that are authored by him. I just never noticed. His counterpart in San Diego County would be the venerable Bob Phillips.

[Samuelx]

Copy that. It's good to have those resources out there.