Legal Question in Criminal Law in California
So a security guard can detain and press charges on his younger cousin and it is ok?
3 Answers from Attorneys
Only District Attorneys and City Attorneys bring criminal charges in California and the law is well settled in California that people have no say in whether or not criminal charges are brought. A security guard may make a citizen's arrest and detain a person for police. Why would he be expected to look the other way just because the violator is a relative?
I agree with Mr. Roach. Even if you think the guard *should* have overlooked his cousin's crime, there is no law that says he had to.
The security guard's job might have been in jeopardy if he didn't make the arrest. It wasn't too bright of the younger cousin to put his cousin 's job in jeopardy or to commit a crime where he was sure to be recognized.