How to Make a Citizen's Arrest in California

In California, a person, who is not a law official or police officer, can make a misdemeanor arrest if he witnesses a crime. For example, if a store clerk witnesses a juvenille stealing a radio from the store where he works, he can make a citizen's arrest until authorities arrive. Based on the information provided by the store clerk (his eyewitness) account, the police will remove the juvenille from the store and escort him to the police station. This is considered a citizen's arrest and can extend to larger, more severe crimes.

Difficulty: Moderately Challenging

Instructions

1. Contact 911 or your local authorities. If you witness a crime or suspect a crime is taking place, contact your local authorities to notify police of the details of the crime. Provide a detailed description of all suspects, as well as any information that could lead to an arrest if the perpetrators leave before the police arrive.

2. Stay safe. Making sure that you are far from danger, wait at the designated located provided to police during the initial phone call. When the police arrive, provide the officers with your name and driver's license (or any other valid form of identification). Explain your involvement (if any) in the events and give the details of what you witnessed. Provide the officers with the exact location of the crime and what time it took place.

3. Sign the police statement and agree to appear in court, if requested. Provide a factual statement to the police, detailing the facts of the crime just as they occured. Do not offer gross exagerrations or assumptions, just the facts. Be specific as possible and narrow your comments to the events that you actually witnessed.

4. Explain that you are making a citizen's arrest. If you are a store clerk or security guard, for example, explain to the perpetrator that you are holding him until the police arrive to further investigate the matter. At your discretion, you can inform the violator of the crime you witnessed. Explain to the perpetrator that you have provided the police with his physical description and ask that he cooperate with the police until the matter is completely resolved.

5. Secure the perpetrator in a safe and non-threatening location as you await the arrival of law enforcement. If possible, keep a law official on the phone to talk you through the process or until the police arrive.

Tips & Warnings

• Contact 911 before attempting to make a citizen's arrest.
• Proceed with caution and avoid danger whenever possible.
• Do not attempt a citizen's arrest if the perpetrator has a weapon.
• A person making a citizen's arrest can be held for false imprisonment if the charge made against the second party is baseless.
• It is not advised to make a citizen's arrest if there is a threat of death, serious injury or severe retribution.

Resources

• Arroye Grande, California Citizen's Arrest Guidepoints

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on 11/10/2008 Please provide some law enforcement references to support these information and instructions