Under Penal Code 837, which scenario justifies private arrest?

Under Penal Code 837, which scenario justifies private arrest?

• A. A private person may arrest only with a police officer present
• B. A private person may arrest for any offense
• C. A private person may arrest for a permit to arrest
• D. A private person may arrest for a public offense in presence or when a felony has been committed with reasonable cause to believe the arrestee committed it

Answer: (D)

The essential idea here is how private citizens are allowed to arrest under Penal Code 837. A private person can arrest someone for a public offense only if the offense is happening in the officer’s presence. They can also arrest if a felony has been committed, even if they did not witness it, as long as there is reasonable cause to believe the person arrested committed the felony. The correct phrasing reflects both parts: arrest for a public offense in the presence, or arrest for a felony with reasonable cause to believe the arrestee committed it. The other options don’t fit because they either limit private arrests unnecessarily (requiring a police officer present, or allowing arrest for any offense) or introduce a non-existent concept (a permit to arrest).

The essential idea here is how private citizens are allowed to arrest under Penal Code 837. A private person can arrest someone for a public offense only if the offense is happening in the officer’s presence. They can also arrest if a felony has been committed, even if they did not witness it, as long as there is reasonable cause to believe the person arrested committed the felony.

The correct phrasing reflects both parts: arrest for a public offense in the presence, or arrest for a felony with reasonable cause to believe the arrestee committed it. The other options don’t fit because they either limit private arrests unnecessarily (requiring a police officer present, or allowing arrest for any offense) or introduce a non-existent concept (a permit to arrest).