Policy Text
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Arrest by a Private Person
The purpose of this order is to outline the procedures for acce pting an arrest made by a
private person. I. General
A. When an officer is faced with a citizen who wishes to assert a private
person’s arrest over another, the officer shall evaluate if pro bable cause
for arrest exists.
B. For the purpose of determini ng probable cause, the officer s hould assume
the private person’s account is true, even if the officer does not believe it
to be.
C. If information available to t he officer at the time contradi cts the private
person’s account and is compe lling enough, the citizen’s versio n of facts
can be discounted accordingly and probable cause my no longer b e
present.
II. If Probable Cause Exists
A. Consider the provisions of pc 847, ensure that the arrest wa s lawful or
there is reasonable cause to believe that the arrest was lawful .
B. Inform the person making t he arrest of the procedures of P.C . section 841.
C. Prepare an arrest by Private Person form, giving the yellow copy to the
person making the arrest.
D. Advise persons making privat e persons arrests to await notif ication by the
District Attorney's office as to the date and time to appear.
III. If Probable Cause Does Not Exist
A. Carefully explain to the pers on wishing to make the private person arrest
the legal requirement that acceptanc e of custody by the offer r equires the
presences of probable cause to arrest, as well as the facts and
circumstances which indicate to the offer an absence of reasona ble
cause.
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B. Seek the consent and cooperati on of the person wishing to ma ke the
arrest to have the matter handled by submission of a crime repo rt for
further investigation by detecti ves and/or evaluation of crimin al charges by
the District Attorney.
C. If the person insists on maki ng the arrest, the officer shal l refuse to accept
custody of the arrestee.
D. Complete a report detailing all of the allegations, facts, c ircumstances and
evidence bearing on the officer’s determination to refuse to ac cept
custody.
IV. Release Per 853.6 P.C.
It shall be the responsibility of t he officer receiving the arr ested subject on
misdemeanor charges to ascertain if the person is eligible for citation release at
the scene per Penal Code section 853.6. Officers shall refer to Operations Order
5/04 in determining if a releas e upon citation is appropriate.
V. Applicable Laws
A. 841 P.C. - "the person making the arrest must inform the per son to be
arrested of the intention to a rrest him, of the cause of the ar rest, and the
authority to make it, except when the person making the arrest has
reasonable cause to believe tha t the person to be arrested is a ctually
engaged in the commission of or an a ttempt to commit an offense ; or the
person to be arrested is pursued immediately after its commissi on or after
an escape."
B. 847 P.C. - "a private pers on who has arrested another for th e commission
of a public offense must, without unnecessary delay, take the p erson
arrested before a magistrate or deliver him to a peace officer. There shall
be no civil liability on the part o f and no cause of action sha ll arise against
any peace officer acting within the scope of his authority for false arrest or
false imprisonment arising out of any arrest when:
1. Such arrest was lawful or w hen such peace officer at the tim e such
arrest had reasonable cause to believe such arrest was lawful; or
2. When such arrest was made pursuant to a charge made upon
reasonable cause of the commission of a felony by the person to be
arrested; or
3. When such arrest was made purs uant to the requirements of Pe nal
Code sections 838 or 839".
C. 849(B) P.C. - "any peace officer may release from custody, i nstead of
Field Services Page 3 of 3 05/03 (REV 1/04) taking such person before a magi strate, any person arrested wit hout a
warrant whenever:
1. He or she is satisfied tha t there are insufficient grounds f or making
a criminal complaint agai nst the person arrested.
2. The person arrested was arre sted for intoxication only and n o
further proceedings are desirable.
3. The person was arrested onl y for being under the influence o f a
controlled substance or drug, and such person is delivered to a
facility or hospital for treat ment and no further proceedings a re
desirable."