Last Updated on February 20, 2025
If you’ve ever asked yourself, “Is a citizen’s arrest a real thing?” after watching a TV show depicting one, you’ll be happy to know you’re not alone. In California, they are absolutely real and legal as long as they follow the rules set forth under the law. Citizen’s arrests are an important part of the law, particularly for certain people, such as security guards or aspiring superheroes, who need these laws to do their jobs. But just because citizen’s arrests are permitted under California law, they’re not always advisable because arresting someone can put you in physical danger and leave you at risk of civil and criminal consequences if you do not follow the proper legal procedures.
What is a Citizen’s Arrest?
A citizen’s arrest occurs when someone who is not a law enforcement officer places a person who has committed a crime under arrest. Under California law, citizen’s arrests can be performed as long as they follow the parameters set out in Penal Code 837 (PC). This code allows a citizen to place another person under arrest when the citizen:
- directly witnesses the other person committing or attempting to commit a misdemeanor
- knows or has reason to know that the suspect committed a felony
Because the rules permitting citizen’s arrests of others require the person performing the arrest to be a firsthand witness in misdemeanor cases, and it is not legal to make a citizen’s arrest for an infraction, those who make citizen’s arrests should familiarize themselves with the difference between an infraction a misdemeanor and a felony. Generally speaking, infractions are things that you will only receive a ticket for, such as driving above the speed limit. Misdemeanors are mid-level offenses that are more serious than infractions but more minor than felonies, such as petty theft, most drunk driving cases, and most types of drug possession. Felonies are the highest level of criminal offenses and may include murder, rape and robbery.
If you are unsure what crimes are infractions, misdemeanors, or felonies, and see someone break the law, it is best to look up the offense on Google first or avoid making a citizen’s arrest.
How Does a Citizen’s Arrest Work?
If you want to make a citizen’s arrest, you must do so in a lawful manner, or you will end up breaking the law in the process. In California, this means you must:
- Act as soon as possible. If you delay the arrest, you may lose your authority to place another person under arrest, as there is no reason for you to make such an arrest rather than simply report the offense to a police officer.
- Notify the person. You should tell the person that you intend to arrest them.
- State the reason. The law requires you to state what basis you have to perform a citizen’s arrest, meaning telling them what specific crime you are accusing them of.
- Indicate your authority. If possible, state that you have the power to make a citizen’s arrest.
- Call the police. As soon as possible, and notify the suspect after you have done so. If you simply detain the suspect without calling the authorities or attempting to have someone else contact the police, you could be accused of kidnapping or false imprisonment. You should typically call the police when you see a crime and ask if they would like you to perform a citizen’s arrest.
- Refrain from using force.
- At least as much as possible. If the suspect is known to be particularly dangerous, threatens you, or attempts to injure you, you are within your rights to use force to detain the perpetrator. However, the more force you use, the more likely you are to face battery charges related to the use of excessive force.
When Should You Make a Citizen’s Arrest in Vista?
Just because you witness a crime doesn’t mean you should involve yourself. While some people, such as security guards, are expected to arrest those who break the law, for most people, it is best to contact the police. Remember that many criminals, particularly those accused of violent felony offenses, do not take kindly to being stopped, and they may fight back. If you are not prepared to defend yourself, you should not intervene but instead call the police.
Even if you are prepared to defend yourself, keep in mind that if it is determined you did not perform a lawful arrest, you could face legal consequences. These could include a civil lawsuit related to your use of force or wrongful detainment of an innocent person, or it could even mean facing criminal charges such as assault, battery, false imprisonment, or kidnapping.
While some people simply see it as their patriotic duty to defend the law, the majority of people simply don’t find the risks related to performing an arrest themselves to be worth the benefits, especially now that we all have cellphones that can be used to call police while filming evidence of someone’s illegal behaviors.
If you have been arrested by someone performing an illegal citizen’s arrest, or if you have been charged with breaking the law after attempting to arrest someone as a private citizen, Peter M. Liss can help. Please call (760) 643-4050 to schedule a free consultation.
