Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption



Asked on April 13, 2009 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Yes, a private person can be a minor.  See http://www.sandiego.gov/police/prevention/convict.shtml


According to the California Penal Code:

837.  A private person may arrest another:
   1. For a public offense committed or attempted in his presence.
   2. When the person arrested has committed a felony, although not
in his presence.
   3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.

844.  To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.

847.  (a) A private person who has arrested another for the
commission of a public offense must, without unnecessary delay, take
the person arrested before a magistrate, or deliver him or her to a
peace officer.
   (b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any peace officer or federal criminal
investigator or law enforcement officer described in subdivision (a)
or (d) of Section 830.8, acting within the scope of his or her
authority, for false arrest or false imprisonment arising out of any
arrest under any of the following circumstances:
   (1) The arrest was lawful, or the peace officer, at the time of
the arrest, had reasonable cause to believe the arrest was lawful.
   (2) The arrest was made pursuant to a charge made, upon reasonable
cause, of the commission of a felony by the person to be arrested.
   (3) The arrest was made pursuant to the requirements of Section
142, 837, 838, or 839.

849.  (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
   (b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
   (1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
   (2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
   (3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
   (c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release.  Thereafter, such arrest shall not be deemed an arrest, but
a detention only.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption