SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Superior Court (1950) 98 Cal.App.2 nd 183; see also V.C. §
40300.)
A police dispatcher, being subjected to defendant’s
numerous harassing telephone calls, may delegate to a
police officer the responsibility to arrest the defendant for
her. The offense, over the phone, was held to be in her
presence. The arrest was timely in that officers responded
immediately to where defendant was calling from and took
him into custody. The arrest was held to be a lawful
citizen’s arrest. (People v. Bloom (2010) 185 Cal.App.4 th
1496.)
Note: P.C. § 836 is not restricted by its terms to adults. There is
no authority for the argument that minors cannot also make
citizen’s arrests, or that the phrase “private persons” is restricted to
adults.
Out-of-State Officers in “Fresh Pursuit:”
P.C. § 852.2: “Any peace officer of another State, who enters this
State in fresh pursuit, and continues within this State in fresh
pursuit, of a person in order to arrest him on the ground that he has
committed a felony in the other State, has the same authority to
arrest and hold the person in custody, as peace officers of this State
have to arrest and hold a person in custody on the ground that he
has committed a felony in this State.”
Federal Officers:
P.C. § 852.3: The arresting officer is then to take the
arrestee “immediately before a magistrate” of the county in
which the arrest is made. The magistrate is to determine
whether the person had been lawfully arrested. If so, the
arrestee is to be held for extradition. If not, he is to be
“discharge(d).”
P.C. 830.8(a): Federal criminal investigators and federal law
enforcement officers are not California peace officers. However,
after having been certified by their agency heads as having
satisfied the training requirements of P.C. § 832, or the equivalent
thereof, they may exercise the powers of arrest of a California
peace officer under the following circumstances:
© 2011 Robert C. Phillips. All rights reserved
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