Making a citizens arrest may vary my state, but we will use California as a reference.
California Penal Code 837 PC allows any private individual to make a citizen's arrest However, the private individual witnessed the crime.
Examples of when a citizens arrest can occur: When a public crime/offence is committed in their presence, a person has committed a felony, and the person has reasonable cause to believe that they committed this act.
An example of a citizens arrest: You are shopping in a store when you notice a woman steal and walk out. You may then detain her until the police arrive.
When making a citizens arrest, you CANNOT:
- Use force to detain the suspect
- Create danger that may harm others or the suspect
- Search the suspect
- Chase the suspect in risky situations
However, when Police are considered to make an arrest they need probable cause. This does not need to be witnessed by the officer(s).
When Police have enough evidence to make an arrest, they can:
- Use force to arrest the suspect
- Search the suspect
- Use lethal force if needed
- Chase after the suspect
These reflect a few differences law enforcement and citizens can do when arresting a suspect.
