When can you make a citizen’s arrest in California? Here’s what the law says

Yes — citizen’s arrests are legal in California, and anyone can make one with probable cause.

California Penal Code 837 PC, or the citizen’s arrest law, was enacted in 1872 and does not appear to have been amended or revised since, said Sgt. Erich Layton with the Stanislaus County Sheriff’s Office.

The law states a private person may arrest another:

1. For a public offense committed or attempted in his presence
2. When the person arrested has committed a felony, although not in his presence
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it

Here are the procedures for making a citizen’s arrest and what to do after an arrest has been made:

Making a citizen’s arrest in California

The requirements for making a citizen’s arrest are different for felony crimes and for misdemeanors and infractions, Layton said.

The only requirement for a felony citizen’s arrest is probable cause. There are two requirements for misdemeanors and infractions: probable cause to arrest and probable cause to believe the crime was committed in the citizen’s presence.

There are no “magic words” when making a citizen’s arrest, Layton said, but the arresting person should inform the suspect that they are under arrest and the reason they’re being arrested if they ask. If the arrest was made after a significant amount of time has passed after the crime, the arresting person should also give a brief justification for the arrest.

If a citizen can’t or doesn’t want to confront the suspect, Layton said officers can do it as long as the citizen understands they are still legally the person making the arrest.

Using force to make the arrest is discouraged, according to a California Department of State Hospitals policy manual that outlines private citizen arrest laws. But you can use “reasonable” force if necessary, Layton said.

The manual also stated that if there isn’t an immediate threat to their own or others’ safety, citizens should be encouraged to let police handle the situation.

The Shouse California Law Group states that citizens should be careful if they do decide to arrest someone, because a wrongful arrest could lead to civil and/or criminal charges, like assault and battery, false imprisonment and kidnapping.

The citizen’s arrest law applies to both adults and minors, Layton said. Officers will have to determine whether a minor can be cited or jailed for the crime they’re suspected of committing based on the law.

What to do after making a citizen’s arrest

After a citizen’s arrest has been made, Layton said officers must “receive” the suspect, meaning officers must take custody.

“The officers’ act of taking custody of the suspect does not constitute an arrest by the officers,” Layton said. “It is merely a transfer of custody following an arrest by the citizen.”

This means the officers cannot be liable if an arrest was false.

Layton said although there is little law on the subject, it appears that officers should at least question the citizen about the facts upon which probable cause was based in order to ensure that there was a factual basis for the arrest.

After the transfer of custody, officers have the choice to book the suspect into jail, release the suspect after they sign a promise to appear (for a misdemeanor offense) or release the suspect if there are “insufficient grounds for making a criminal complaint” against the suspect.

Citizens who make an arrest must sign a Private Person’s Arrest Form and officers will complete a report, according to the California Department of State Hospitals.

This story was originally published July 28, 2023 at 5:00 AM.

Dominique Williams

The Modesto Bee

209-253-9007

Dominique Williams writes about new business, restaurant and retail developments for The Modesto Bee. She is a Ripon native and a graduate of Sacramento State.