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
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.
UCLA Police Department
Phone: (310) 825-1491
Fax: (310) 206-2550
Mail Code: 136408
601 Westwood Plaza
Los Angeles, CA 90095-1364
Monday – Friday 8 a. m. to 5 p. m.Station Hours
24 hours a day, 7 days a week