Citizen’s Arrests: What You Need to Know About the Case Law and Constitution When Making an Arrest

From the Classroom  
By Raymond Hill  
Professor Emeritus, Santa Rosa Junior College 

Citizen’s Arrests: Accepting a private person’s arrest for a misdemeanor committed outside an officer’s presence 

Background and Case Citations 

Previously published case and article references on www.legalupdates.com: 

• Serving Misdemeanor Arrest Warrants After 10 p.m. Inside a Residence – Three Perspectives (8/13/23) LU Ref. #CAB00218 (Ray Hill) 

• Disturbing the Peace and Refusal to Identify (11/27/22) LU Ref. #CAC00088 (Bob Phillips) – Vanegas v. City of Pasadena (9th Cir. Aug. 31, 2022) 46 F.4th 1159 

• Stale or Cold Misdemeanor Rule – An Update (4/28/22) LU Ref. #CAB00146 (Ray Hill) 

• Stale or Cold Misdemeanor Rule – A Fossil (3/1/22) LU Ref. #CAB00139 (Ray Hill) 

Question 

A citizen observes a misdemeanor vandalism and calls in the crime. The responding officer detains the suspect, there is a positive ID and the officer explains private person arrest (citizen’s arrest) procedures. However, the citizen is hesitant to make an arrest. Can the officer initiate an arrest  

The statute rule is that an officer cannot make an arrest for a misdemeanor that is committed outside his or her presence [836(a) (1) P.C.; P.O.S.T. Basic Police Academy Training Standard – Learning Domain #15 Workbook Version 4.16 (4/22) – Conditions for Making a Warrantless Misdemeanor Arrest.] There are exceptions for minors (625W&I), DUI after a traffic accident (40300.5 V.C.), domestic violence assault or battery (836(d) P.C.), assault or battery on school grounds (243.5 P.C.) and others.  

However, appellate courts interpreting the Fourth Amendment have made it abundantly clear that there is only one legal requirement for a peace officer to make an arrest: the existence of probable cause. Probable cause is defined as a “fair probability” or “substantial chance” of criminal activity by the arrestee based on the “totality of the circumstances” known to an officer at the time of arrest” (Vanegas v. City of Pasadena ....

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