Ep #416 Citizens Arrest in California

Roadside Chat: Citizens arrest in California

In this video, Anthony Bandiero talks about the proper procedure for cite and release on misdemeanor crimes.

📌 PC 836

(a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:

(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.

(2) The person arrested has committed a felony, although not in the officer’s presence.

(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.

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[stevenrichardson]

As I understand the topic, a Citizen's Arrest under PC 837 is nothing other than a full arrest under the law. Under PC 847, 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. The officer then has discretion to take the arrested person to a holding facility and/or book the arrested person into jail, or "cite and release" the arrested person without transporting the person elsewhere.

[yoyoyohihihidude]

So the alleged should be booked into jail and not just cited and released?

[robertfalbe-nbmf]

Poison apple in Falbe v MUNICIPAL Newsom Kim and Gordon