Arrest: YOU Have The Power To Make One

The next time you see a crime occur in your presence,
remember that California law gives you the power to arrest the person
committing the offense. Penal Code Section 837 specifically endows you with the
authority to arrest someone who you see commit, or attempt to commit, any
misdemeanor or felony, such as assault, battery, criminal threats,
theft or even DUI. In fact, DUI attorneys
know that DUI arrests are commonly made by private persons who saw the actual
driving in cases where the officer did NOT see the defendant drive.

When you arrest someone you must tell the person: 1) that
you are arresting them; 2) what crime you are arresting them for; and 3) your
authority to make the arrest. For example, you might say “I’m placing you under
arrest for assault pursuant to Penal Code Section 837”. This formal statement
need not be made if it is not reasonable to make it—such as when the defendant
is actually in the middle of committing the crime or is fleeing from the scene.
Moreover, you do not have to advise the arrestee of his or her rights, such as
their right to a criminal defense
lawyer.

Once you have arrested someone you have a duty to either
immediately take them before an Orange County judge or to call the police and deliver
the arrested person to a police officer. (Penal Code Section 847) If you call
the police, the officer MUST then either take the arrested person to jail or
release the arrested person on citation and promise to appear before a judge. The
police officer will admonish the defendant of their right to a criminal defense attorney and to
remain silent.

While you are waiting for the police you may use reasonable
force to detain the arrested person and keep them in custody until the police
arrive. (However, depending on the situation, it may be best to let the
arrestee flee in which case a warrant will be issued.) If they resist you, you
may use reasonable force to overcome their resistance. If the arrested person
assaults you during the course of the arrest and detention, you may use
whatever force is necessary to defend yourself or others.
 

So the next time you are the victim of a crime—such as a
harmful or offensive touching (battery) or when someone threatens to harm you
(criminal threats), use your power to arrest. Then immediately call 911 and get
the police rolling to take your arrestee into custody.

For more information on any criminal matter call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
telephonic consultation with an experienced Orange County criminal defense
attorney. You can also reach us at www.ejesquire.com.
Our main office is at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675.