Policy Text
Policy
347Fremont Police Department
Private Persons Arrests
347.1 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.
347.2 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.
347.3 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.
347.4 OFFICER RESPONSIBILITIES
Any officer presented with a private person wishing to make an arrest must determine via
investigation whether or not there is reasonable cause to believe that such an arrest would be
lawful (Penal Code § 847), i.e. that there is reasonable suspicion that a public offense occurred,
and that the person being taken into custody committed that offense.
(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.
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1.Any officer who determines that a private person's arrest appears to be unlawful
should promptly release the arrested individual pursuant to Penal Code § 849(b)
(1). The officer must include the basis of such a determination in a related report.
2.Absent reasonable cause to support a private person's arrest or other lawful
grounds to support an independent arrest by the officer, the officer should
advise the parties that no arrest will be made and that the circumstances will be
documented in a related report.
(b)Whenever an officer determines that there is reasonable cause to believe that a private
person's arrest is lawful, the officer may exercise any of the following options:
1.Take the individual into physical custody for booking
2.Release the individual pursuant to a Notice to Appear
3.Release the individual pursuant to Penal Code § 849
347.5 REPORTING REQUIREMENTS
In all circumstances in which a private person is claiming to have made an arrest, the individual
must complete and sign a department Private Person's Arrest form under penalty of perjury.
In addition to the Private Person's Arrest Form (and any other related documents such as citations,
booking forms, etc.), officers shall complete a narrative report regarding the circumstances and
disposition of the incident.
347.6 PETTY THEFT SHOPLIFT PROGRAM
To ensure efficient response to shoplifting calls and to utilize alternate methods of responding
to petty theft detentions, the following alternative methods for handling shoplift incidents at
businesses identified as major sources for shoplifting arrests. This program will reduce the amount
of time Fremont Police spend on misdemeanor shoplifting detentions when the need for a Police
Officer to intervene is not necessary. Only businesses identified as frequent users who employ
trained security personnel will participate in this program.
347.6.1 STORE PERSONNEL RESPONSIBILITIES
Following the apprehension of a suspected violator by private security or store personnel, the
private security or store personnel shall complete one of the following protocols: (1) release the
subject in accordance with the firm's internal policy and not notify the department. No police
action shall be taken. (2) The private security or store personnel will contact the Fremont Police
Communications Center and report they are detaining a suspect for petty theft.
Security personnel will provide their identifying, name, location of the business and facts
associated with the detention. Security personnel will obtain the name, date of birth, and address
of the person being detained. In the case of juvenile subjects, security personnel shall confirm
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that a parent or guardian is contacted. Communications will then enter the call and determine the
eligibility of the subject.
Communications will conduct warrant, CRIMS, and CII checks. Fremont Police personnel will not
release any criminal history information to store personnel. The business will be advised if the
suspect is eligible for the program, or if