Legal Question in Criminal Law in California

false arrest

if a person places another person under citizens arrest can a spouse sign the complaint for them or does the person placing the citizens report need to be the one to sign the arrest report


Asked on 9/24/02, 1:14 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: false arrest

Citizens arrest is a personal act, if someone signs the forms, they are the one arresting. If you don't pursue the case and then actually prove your case, you risk being sued for false arrest, and that would be a 'slam dunk' case for the arrested party to make. If you've already done the forms, you better consult good counsel, quick, to figure out what to do now.

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Answered on 9/24/02, 3:02 pm


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