Legal Question in Criminal Law in California

Right to chase down a buglar?

Hello. If I woke up in the middle of the night to someone breaking into my car and taking my CD's, GPS system, and radio...can I chase him down and knock him to the ground and restrain him until the police arrive? Or would that be considered some sort of abuse where I will end up going to jail instead of the burglar? I ask this because the laws in CA. are very strict about these kinds of things. Thanks.


Asked on 4/26/08, 5:00 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Right to chase down a buglar?

Yes, you can use reasonable restraining force if someone is stealing your property. It is called citizen's arrest. I would be careful however of any possible physical danger to yourself and criminal liability and civil lawsuits if you misidentify the person or use force which is not reasonable under the circumstances.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/28/08, 7:31 pm


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