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Citizen's Arrest/False Imprisonment

PEN § 847

IF NOT PEN § 236, 237 – Wobbler

  • Maximum fine: $1000
  • Maximum term: 1Y/3Y
  • Probation/parole at home eligible: Y
  • Community service eligible: Y

Mandates that any private person making a citizen’s arrest must deliver the arrested person to a peace officer without unnecessary delay. Private citizens must contact law enforcement immediately upon detaining someone and transfer custody to peace officers as soon as they arrive. Courts have found detentions exceeding 20-30 minutes without law enforcement notification to be unreasonable. Failure to promptly transfer custody can transform a lawful citizen’s arrest into false imprisonment. Which is defined as the unlawful restraint or detention of another person, false imprisonment can range in severity from a misdemeanor to a felony.

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