You don’t hear much about “citizen’s arrests” these days. During the recent wildfires in the Los Angeles areas, however, the media covered several incidents wherein everyday people caught and held individuals who were attempting to start fires – or appeared to be – in extremely dry areas that had not yet burned.
In fact, during one such incident, as several of his neighbors attempted to take down and subdue a man they found with a fire-starting device, one man told reporters he used the de-escalation techniques he’d learned as an actor on a police show to try to calm things down until police could arrive.
Are people who are not law enforcement professionals allowed under the law to do this? Under what circumstances is it legal?
What does California law say?
The California law on “Arrests by private persons” is very short. It says that a private person may arrest someone:
- If they committed or attempted to commit any “public offense” in their presence
- If they committed a felony offense, even if it wasn’t in their presence
- If a person has “reasonable cause” to believe that someone has committed a felony that definitely occurred
Of course, those making such an arrest need to notify law enforcement right away. It’s up to them to determine whether the private persons arrest was lawful and if the person being held should be arrested and charged with a crime. The people making the initial “arrest” also need to complete sworn documentation about the incident.
How do you know if your rights were violated?
These actions aren’t meant to be an excuse for people to carry out “vigilante justice.” They’re allowed because sometimes people see something happening or about to happen and need to stop it to prevent harm because law enforcement may not be able to get there in time to do the same.
If you’ve been the subject of one of these arrests and were subsequently arrested by law enforcement and charged with a crime, it can be unclear whether your rights were violated or not – especially if you were the victim of assault during the incident. This is just one reason why it’s crucial to get sound legal guidance as soon as possible.
