How to Make a Citizen's Arrest in California
Take action., Voice your intent., Avoid using force., Use reasonable force when necessary., Call emergency services.
Step-by-Step Guide
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Step 1: Take action.
If you witness a person committing a crime, you can make a citizen's arrest.
You should always proceed with a high level of caution.
You can perform a citizen's arrest if a misdemeanor public offense is committed or attempted in your presence.
You can also perform a citizen's arrest if you know, directly or indirectly, that a person committed a felony.
This can either be in your presence or not, as long as you have reasonable cause for believing the person arrested has committed it.
If you can wait until police arrive and avoid making a citizen's arrest, absolutely do so.
Misdemeanors include actions that are in breach of peace, such as prostitution, public intoxication that disrupts order, or fist fighting in public.
You cannot arrest someone for a misdemeanor if you did not witness the crime yourself.
A reasonable cause for believing a felony can be anything from you witnessing the crime yourself or seeing the offender fleeing the crime scene.
Felonies include murder, rape, and armed robbery as well as certain kinds of theft, battery, and arson. -
Step 2: Voice your intent.
There are certain steps you must follow when placing a person under citizen's arrest.
If you make a citizen's arrest, you must tell the offender plainly that you are making a citizen's arrest.
You must also let him know that you are holding him until police arrive and that you have already given a detailed description of him and his crime to the police.
Ask explicitly for his cooperation until police arrive.
For example, if you see a man who has just gotten in a terrible bar fight and you want to arrest him for the crime, tell him "Sir, I am placing you under citizen's arrest.
Please wait here until the police arrive and you can be taken into custody."
There are certain things you need to consider before moving ahead with your citizen's arrest.
If you believe that it would cause you or the person you are attempting to arrest to use force, do not continue with the arrest.
If he does not resist the arrest, keep the offender safe and as comfortable as possible while you wait for the police to arrive.
If possible, keep the emergency operator on the phone throughout your wait time.
For example, if you tell the offender that you are placing him under a citizen’s arrest and he simply sits with you until police arrive, you cannot use force of any kind because the criminal is not dangerous.
Do not make physical contact with the offender unless absolutely necessary., Although you should not participate in a citizen's arrest that would cause you to use force, you legally are permitted to use reasonable force to keep the offender in your custody until the police arrive.
Whether or not the force used is reasonable depends on the situation, and therefore will be different for every arrest.
Generally, the amount of force used must be equal to the actions the offender is taking to get away from you.
If the offender tries to flee after being placed under citizen’s arrest, you can take steps to prevent him from getting away, such as running after him and tackling him.
On the other hand, it would not be reasonable force to shoot or otherwise seriously harm someone who flees after being placed under citizen's arrest., Once you have apprehended the suspect, immediately call emergency services and tell the person on the line you need the police.
Explain your location, what you've witnessed, and give a detailed description of the person who committed the crime.
You should also let them know that you have them under citizen's arrest.
You can call emergency services right when you witness the crime if there is time.
You can explain your situation and tell the police that you are going to try to make a citizen's arrest. -
Step 3: Avoid using force.
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Step 4: Use reasonable force when necessary.
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Step 5: Call emergency services.
Detailed Guide
If you witness a person committing a crime, you can make a citizen's arrest.
You should always proceed with a high level of caution.
You can perform a citizen's arrest if a misdemeanor public offense is committed or attempted in your presence.
You can also perform a citizen's arrest if you know, directly or indirectly, that a person committed a felony.
This can either be in your presence or not, as long as you have reasonable cause for believing the person arrested has committed it.
If you can wait until police arrive and avoid making a citizen's arrest, absolutely do so.
Misdemeanors include actions that are in breach of peace, such as prostitution, public intoxication that disrupts order, or fist fighting in public.
You cannot arrest someone for a misdemeanor if you did not witness the crime yourself.
A reasonable cause for believing a felony can be anything from you witnessing the crime yourself or seeing the offender fleeing the crime scene.
Felonies include murder, rape, and armed robbery as well as certain kinds of theft, battery, and arson.
There are certain steps you must follow when placing a person under citizen's arrest.
If you make a citizen's arrest, you must tell the offender plainly that you are making a citizen's arrest.
You must also let him know that you are holding him until police arrive and that you have already given a detailed description of him and his crime to the police.
Ask explicitly for his cooperation until police arrive.
For example, if you see a man who has just gotten in a terrible bar fight and you want to arrest him for the crime, tell him "Sir, I am placing you under citizen's arrest.
Please wait here until the police arrive and you can be taken into custody."
There are certain things you need to consider before moving ahead with your citizen's arrest.
If you believe that it would cause you or the person you are attempting to arrest to use force, do not continue with the arrest.
If he does not resist the arrest, keep the offender safe and as comfortable as possible while you wait for the police to arrive.
If possible, keep the emergency operator on the phone throughout your wait time.
For example, if you tell the offender that you are placing him under a citizen’s arrest and he simply sits with you until police arrive, you cannot use force of any kind because the criminal is not dangerous.
Do not make physical contact with the offender unless absolutely necessary., Although you should not participate in a citizen's arrest that would cause you to use force, you legally are permitted to use reasonable force to keep the offender in your custody until the police arrive.
Whether or not the force used is reasonable depends on the situation, and therefore will be different for every arrest.
Generally, the amount of force used must be equal to the actions the offender is taking to get away from you.
If the offender tries to flee after being placed under citizen’s arrest, you can take steps to prevent him from getting away, such as running after him and tackling him.
On the other hand, it would not be reasonable force to shoot or otherwise seriously harm someone who flees after being placed under citizen's arrest., Once you have apprehended the suspect, immediately call emergency services and tell the person on the line you need the police.
Explain your location, what you've witnessed, and give a detailed description of the person who committed the crime.
You should also let them know that you have them under citizen's arrest.
You can call emergency services right when you witness the crime if there is time.
You can explain your situation and tell the police that you are going to try to make a citizen's arrest.
About the Author
John Hernandez
Brings years of experience writing about DIY projects and related subjects.
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