JUVENILE MAKE A CITIZENS ARREST

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JUVENILE MAKE A CITIZENS ARREST

CAN A JUVENILE MAKE A CITIZEN’S ARREST?

Asked on April 13, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, a private person can be a minor.  See http://www.sandiego.gov/police/prevention/convict.shtml

 

According to the California Penal Code:

837.  A private person may arrest another:
   1. For a public offense committed or attempted in his presence.
   2. When the person arrested has committed a felony, although not
in his presence.
   3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.

844.  To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.

847.  (a) A private person who has arrested another for the
commission of a public offense must, without unnecessary delay, take
the person arrested before a magistrate, or deliver him or her to a
peace officer.
   (b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any peace officer or federal criminal
investigator or law enforcement officer described in subdivision (a)
or (d) of Section 830.8, acting within the scope of his or her
authority, for false arrest or false imprisonment arising out of any
arrest under any of the following circumstances:
   (1) The arrest was lawful, or the peace officer, at the time of
the arrest, had reasonable cause to believe the arrest was lawful.
   (2) The arrest was made pursuant to a charge made, upon reasonable
cause, of the commission of a felony by the person to be arrested.
   (3) The arrest was made pursuant to the requirements of Section
142, 837, 838, or 839.

849.  (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
   (b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
   (1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
   (2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
   (3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
   (c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release.  Thereafter, such arrest shall not be deemed an arrest, but
a detention only.


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