Legal Question in Civil Litigation in California

Citizens Arrest

I am writing to you about a situation involving a

neighbor who has threaten to use citizens arrest

to me and my wife. He is new to the neighborhood

and is an attorney, himself.

He was watering his side and rear yard in which he

got our windows and building wet which looks like

he was diliberately doing and we immediately went

out to tell him to stop watering and getting our

windows wet, which was professionally

cleaned,recently. He then started squirted my

wife and myself and told us that he would use

"citizens arrest" on us and then called the

police. What legal rights can he have to use

"citizens arrest"?

This man is causing a lot of problems to our

family besides this one incident.

Any help would be appre


Asked on 9/16/99, 12:37 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Citizens Arrest

Your new neighbor sounds like a real jerk. He can't arrest you for complaining about his trespass to your property (and, technically, intentionally spraying water on your yard and house is a trespass). Spraying you was an assault, albeit a rather minor one. If anyone has a grievance here, it seems to be you.

Citizen's arrest is a rather arcane area of law, but it seems a prerequisite to such an action would have to be the reasonable belief that the arrestee had committed an arrestable offense. If he tried this on you he wouldn't be able to hold you for long; he'd have to notify the authorities and then you would be able to explain yourself to them. Once the police decide there are no grounds for arrest, you'd probably have a pretty good case against this guy.

You say that he's an attorney. If he's using his bar membership to intimidate you, you might be able to report him to the state or local bar.

Unfortunately, such disputes between neighbors get worse over time far more often than they get better. Whatever steps you take -- including doing nothing -- may lead to bigger problems down the road. Good luck.

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Answered on 9/16/99, 10:21 pm


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