What authority does a private person have to arrest someone?

California, United States of America


The following excerpt is from People v. R.O. (In re R.O.), H041892 (Cal. App. 2016):

3. A private person has the authority to arrest someone for "a public offense committed or attempted in his presence." (Pen. Code, 837.) "An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention." (Pen. Code, 835.) A private person is entitled to use reasonable force to effect an arrest, and the person being arrested has "no right to 'defend' against a valid arrest. [Citation.]" (People v. Fosselman (1983) 33 Cal.3d 572, 579.) A person acts in lawful defense of another only if the person reasonably believes that another person is in imminent danger of suffering bodily injury or is being touched unlawfully, the person reasonably believes that the immediate use of force is necessary to defend against that danger, and the person uses no more force than is reasonably necessary to defend against that danger. (See CALCRIM No. 3470.)

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