Legal Question in Civil Rights Law in California

Would it not be illegal for a public establishment (major hotel chain) to make a citizen's arrest for "trespassing" Cal Penal Code 602.1(a) on a person who is attempting to help a victim of a crime by contacting law enforcement to the scene, hence staying on property to make a police report?

The Cal Penal Code 602.1a explicitly states that one cannot be trespassing if engaged in either Fed/State Constitutional or any statutory rights. I would assume "calling/summoning" the police to file a police report would be protected under the First amendment and right to petition the government. As well, it appears Cal Penal Code makes it a crime to interfere with a victim or witness of a crime, specifically while attempting to report to the police?

Any thoughts?


Asked on 10/28/12, 5:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Citizen's arrests are perfectly legal to do. The risk of doing so is that if the defendant is not convicted, he might then sue for false arrest.

You get to make all your claims of 'facts' in your defense in the criminal case. Argue the law there, not here. I don't suggest you defend yourself pro per. Hire an attorney.

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Answered on 10/29/12, 12:29 pm


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