Under Penal Code 837, when may a private person arrest another?

Under Penal Code 837, when may a private person arrest another?

• A. A private person may arrest a public offense in the presence, or if a felony has been committed and there is reasonable cause to believe the arrestee committed it
• B. A private person may arrest only with a warrant
• C. A private person may arrest for any offense
• D. A private person cannot arrest

Answer: (A)

The main idea tested is the limited circumstances in which a private person can make an arrest under Penal Code 837. A private person may arrest for a public offense in his presence, meaning he witnesses the offense directly. He may also arrest for a felony after it has just been committed if there is reasonable cause to believe the person arrested committed it. This combination captures the two primary pathways: observe a public offense and arrest on the spot, or after a felony has just been committed with reasonable belief that the arrestee is the perpetrator. The rule does not allow private arrests for any offense without these conditions, and it does not require a warrant in these situations.

The main idea tested is the limited circumstances in which a private person can make an arrest under Penal Code 837. A private person may arrest for a public offense in his presence, meaning he witnesses the offense directly. He may also arrest for a felony after it has just been committed if there is reasonable cause to believe the person arrested committed it. This combination captures the two primary pathways: observe a public offense and arrest on the spot, or after a felony has just been committed with reasonable belief that the arrestee is the perpetrator. The rule does not allow private arrests for any offense without these conditions, and it does not require a warrant in these situations.