Legal Question in Criminal Law in California

Is it possible for a citizen to act as a peace officer during an arrest if they were not present during the alleged crime and the Sheriffs were the ones to actually conduct the detainment, not the "peace officer"? The imposed crime during this incident is classified as a misdemeanor level crime.

Can the individual make the citizens arrest if they received a call from an individual/family member that was present during the alleged incident, but made the phone call shortly after they had left the area of the incident? Or would the individual that acted as the "arresting peace officer" need to be present during the time of the alleged incident and witnessed the events occur in person to act as a peace officer for a misdemeanor level crime.


Asked on 12/12/17, 10:24 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

No. California allows citizens' arrests only when the crime is a felony or when the arresting citizen witnessed it. See Penal Code section 837.

Even peace officers generally won't make a misdemeanor arrest unless they witnessed the crime, though there are several exceptions to this rule. See Penal Code section 836.

Read more
Answered on 12/12/17, 1:55 pm
Terry A. Nelson Nelson & Lawless

Nobody gets to 'play' act as a police officer unless they are one. See Mr Hoffman's response. Also, those making 'citizen's arrests' have the burden of being the 'prosecuting party' in criminal court with the burden of proof of testimony and evidence necessary to convict on the crime. Failure to succeed in convicting risks you being sued in a serious civil lawsuit for false arrest and false imprisonment.

If you want someone arrested, call the police. If they won't do it, you surely shouldn't.

Read more
Answered on 12/12/17, 5:10 pm


Related Questions & Answers

More Criminal Law questions and answers in California