Legal Question in Criminal Law in California

citizen's arrest

I am a teacher who was cited under 647.6 (A) PC and 243.2 (A) PC. When the arresting officer came to school I asked him if he did not want to find out the truth about the incident - there was a tape of the incident that the school had about ten yards away from where we were sitting. He answered that the child's father had made a citizen's arrest, although he had not been present at the incident, nor had he ever seen me. I was hauled to the police station, fingerprinted, etc... in sight of the whole school.

Later that day the school administration destroyed the tape, the only exculpatory evidence I had!

Can a father make such a citizen's arrest? What rights do i have?


Asked on 6/26/02, 6:42 pm

2 Answers from Attorneys
Joseph Low IV Joseph Hawkins Low IV & Associates

Re: citizen's arrest

Yes,

To answer your question a person is able to swear out a complaint to an officer and make a citizens arrest. A citizen's arrest differs from a police arrest primarily by who witnesses the actual crime. A citizen's arrest results from an actual citizen witnessing an illegal activity, which they communicate to an officer.

In your particular situation, I have to assume that the crimes you have been charged with are in connection with a student at the school and something that they told their parents. It was then that the parents called the police and requested that a citizens arrest should be made.

If this is the factual scenario then there are several different defenses that are available to you.

If this is not the correct factual scenario then feel free to call me or write me with the accurate information. The consultation is free.

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Answered on 6/26/02, 6:55 pm
Larry Rothman Larry Rothman & Associates

Re: citizen's arrest

You may have a lawsuit against him in civil court once you win the criminal matter. Please call me at 714 363 0220 for free consultation.

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Answered on 6/26/02, 8:08 pm


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