Policy Text
Policy Delano Police Department
331 Delano PD Policy Manual
Private Persons Arrests
331.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the handling of private person's arrests made
pursuant to Penal Code § 837.
331.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS
Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence
of the right to make a private person's arrest, including advice on how to safely execute such an
arrest. In all other situations, officers should use sound discretion in determining whether or not
to advise an individual of the arrest process.
(a) When advising any individual regarding the right to make a private person's arrest,
officers should refrain from encouraging or dissuading any individual from making such
an arrest and should instead limit advice to the legal requirements for such an arrest
as listed below.
(b) Private individuals should be discouraged from using force to effect a private person's
arrest, and absent immediate threat to their own safety or the safety of others, private
individuals should be encouraged to refer matters to law enforcement officials for
further investigation or arrest.
331.3 ARRESTS BY PRIVATE PERSONS
Penal Code § 837 provides that a private person may arrest another:
(a) For a public offense committed or attempted in his or her presence;
(b) When the person arrested has committed a felony, although not in his or her presence;
(c) When a felony has been in fact committed, and he or she has reasonable cause for
believing the person arrested has committed it.
Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been
committed - the felony must in fact have taken place.
331.4 OFFICER RESPONSIBILITIES
Any officer presented with a private person wishing to make an arrest must determine whether or
not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847).
(a) Should any officer determine that there is no reasonable cause to believe that a private
person's arrest is lawful, the officer should take no action to further detain or restrain
the individual beyond that which reasonably appears necessary to investigate the
matter, determine the lawfulness of the arrest and protect the public safety.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Private Persons Arrests - 1
Published with permission by Delano Police Department