Citizen’s Arrests: What You Need to Know About the Case Law and Constitution When Making an Arrest

From the Classroom  
By Raymond Hill  
Professor Emeritus, Santa Rosa Junior College 

Citizen’s Arrests: Accepting a private person’s arrest for a misdemeanor committed outside an officer’s presence 

Background and Case Citations 

Previously published case and article references on www.legalupdates.com: 

• Serving Misdemeanor Arrest Warrants After 10 p.m. Inside a Residence – Three Perspectives (8/13/23) LU Ref. #CAB00218 (Ray Hill) 

• Disturbing the Peace and Refusal to Identify (11/27/22) LU Ref. #CAC00088 (Bob Phillips) – Vanegas v. City of Pasadena (9th Cir. Aug. 31, 2022) 46 F.4th 1159 

• Stale or Cold Misdemeanor Rule – An Update (4/28/22) LU Ref. #CAB00146 (Ray Hill) 

• Stale or Cold Misdemeanor Rule – A Fossil (3/1/22) LU Ref. #CAB00139 (Ray Hill) 

Question 

A citizen observes a misdemeanor vandalism and calls in the crime. The responding officer detains the suspect, there is a positive ID and the officer explains private person arrest (citizen’s arrest) procedures. However, the citizen is hesitant to make an arrest. Can the officer initiate an ....

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