Legal Question in Criminal Law in California

Citizen Arrest

In a situation where:

1.Citizens witness a person, parking his vehicle in

a private parking lot, lightly bump into a parked

vehicle leaving a small scuff mark on a piece of the

rear plastic molding.

2.Citizens then inform police of a possible DUI, in

a parking lot, prevent suspect from entering his

vehicle, and physically restrain him until officers

arrive. When officers arrive on the scene, the

citizens choose not to make, or take credit for, the

citizen's arrest.

(a) Can the police arrest suspect for the

misdemeanor, not committed in their presence, using a

minor scuff mark on the plastic molding, as evidence

of an automobile accident, and statements of citizens,

as probable cause, as used in PC 40300.5, to make

arrest for VC 23152 without a warrant?

(b) Does putting a minor scuff mark on the plastic

molding of a car parked in a private lot qualify as a

traffic accident, as used in PC 40300.5? Can this be

used, as the sole reason, to enhance, add jail time,

to a first time DUI conviction?


Asked on 10/04/01, 7:46 am

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Citizen Arrest

1. Since the driver was drunk in public the police can make an arrest for drunk in public.

2. The witness can be used to testify to the driving if the witness saw it. The D. A. can then charge with a DUI.

3. The paint scratch possibly opens the possibility for the D. A. to charge leaving the scene of an accident. However I doubt it since the driver was parking and will testify he was doing so to leave information about the accident.

4. To prove the scratch was caused by the driver either the witness or a paint match would prove it. The drive will probably have to pay to have the car repaired as part of his sentence.

5. The charge of drunk driving will probably be reduced to a wet reckless as an offer for a guilty plea with restitution to the victim (owner of scratched car) as a condition of probation.

6. If this doesn't address your questions sorry I'm out of time.

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Answered on 11/21/01, 2:17 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Citizen Arrest

Thanks for your posting.

Police may arrest or cite someone if they have articulable suspicion that a crime has been committed. This may be based upon information of others, or something in their direct presence. Information from complaining witnesses is allowed, even if they do not institute a citizen's arrest.

Thanks, and I hope this helps. If you have other questions or need more information, please feel free to email me or call me at 1-877-568-2977 (toll free).

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Answered on 11/21/01, 5:29 pm


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