Policy Text
University of California, San Francisco
Police Department General Orders
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5.3 Legal Process: Criminal Process
5.3.8 Private Person Arrest (Issued : 6/25/07 )
California Penal Code § 837 allows a private person or citizen to place another person under
arrest: (1) for a public offense committed or attempted in his/her presence, (2) when the person
arrested has in fact committed a felony, although not in the private person’s presence and (3)
when a felony has in fact been committed and the private person has reasonable cause for
believing the person arrested to have committed it. However, notwithstanding this provision of
state law, officers must also be aware that, under federal interpretations of the Fourth Amendment
to the U.S. Constitution, any action by an officer in which a person is taken into custody – i.e.,
deprived of their liberty – must be supported by a probable cause to believe that a public offense
has occurred and that the person being taken into custody committed that offense. Officers who
are requested by a private person or citizen t o receive the arrest of an alleged perpetrator must
first investigate to determine if there is probable cause to believe that the alleged perpetrator has
committed a crime. Officers should ensure there are specific facts that would lead them to believe
the person arrested has committed the crime.
With these provisions of the law in mind, officers presented with a situation in which a private
person expresses the desire to place another person under arrest pursuant to the private person
arrest under PC § 83 7 shall:
A. Prior to accepting custody of the private person arrestee, diligently investigate the facts of
the circumstances to determine whether probable cause exists to believe that the person
arrested has committed a crime. This includes interviewing the complaining witness,
alleged perpetrator and any other witnesses who may have information regarding the
incident.
B. When, based on objective consideration of circumstances and evidence, there is probable
cause to believe a criminal offen se occurred and the person to be arrested is the one who
committed that offense, the officer shall:
1. Have the private person making the complaint provide a written or digitally
recorded statement (if possible)
2. Have the private person sign the complete d Citizen’s Arrest Form (UCPD 5/86)
3. Process the arrestee with the following options:
a. Cite and release or
b. Book at the County Jail.
4. Document the incident in an arrest report.
C. When, based on objective consideration of circumstances and evidence, it appears there
are insufficient grounds (lack of probable cause) to believe that a criminal offense has
occurred and/or that the arrestee is the one who committed the offense, the officer shall:
University of California, San Francisco
Police Department General Orders
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1. Carefully explain to the per son wishing to make the private person arrest the legal
requirement that acceptance of custody of the arrestee by the officer requires the
presence of probable cause and then describe the facts and circumstances that
indicate to the officer there is an abs ence of probable cause and/or
2. Seek the consent and cooperation of the person wishing to make the arrest to have
the matter handled by submission of a crime report for further investigation and/or
evaluation of criminal charges by the District Attorney or
3. If the person making the private person arrest insists on making the arrest, refuse
to accept custody of the arrestee and complete a report detailing all of the
allegations, facts, circumstances and evidence bearing on the officer’s
determination to r elease custody.
D. An officer shall seek advice from a supervisor or the Watch Commander when there is
any question in his/her mind about how to proceed with a private person arrest.