Private Person's Arrest

Private Person’s Arrest

364.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance to officers of the UCLA Police Department

for the handling of private person’s arrests made pursuant to Penal Code § 837.

364.2 ADVISING PRIVATE PERSONS OF ARREST PROCESS

Penal Code § 836 (b) expressly mandates that all officers shall advise victims of domestic

violence of the right to make a private person’s arrest, including information on how to

safely execute such an arrest. In all other situations, officers should use sound discretion

in determining whether or not to advise an individual of the arrest process.

(a) When advising any individual regarding the right to make a private person’s arrest,

officers should refrain from encouraging or dissuading any individual from making

such an arrest and should instead limit advice to the legal requirements for such an

arrest as listed below.

(b) Individuals should be discouraged from using force to effect a private person’s arrest

and absent immediate threat to his/her own safety or the safety of others, individuals

should be encouraged to refer matters to law enforcement for further investigation or

arrest.

364.3 ARRESTS BY PRIVATE PERSONS

Penal Code § 837 provides that a private person may arrest another:

(a) For a public offense committed or attempted in his/her presence;

(b) When the person arrested has committed a felony, although not in his/her presence;

(c) When a felony has been in fact committed, and he/she has reasonable cause for

believing the person arrested has committed it.

Unlike peace officers, private persons may not make an arrest on suspicion that a felony

has been committed, the felony must in fact have taken place.