California Private Investigator Practice Exam

What is required for a private person to arrest someone during a misdemeanor?

1. The crime must be reported by a witness

2. It must be committed in the person's presence

3. The individual must have a prior conviction

4. Consent from law enforcement

The correct answer is: It must be committed in the person's presence

For a private person to arrest someone during a misdemeanor, it is essential that the crime must be committed in the person's presence. This principle is grounded in California law, which allows a citizen's arrest only in circumstances where the arresting individual directly witnesses the misdemeanor being committed. The rationale behind this requirement is to ensure that the person making the arrest has firsthand knowledge of the offense, thus minimizing the potential for misunderstandings or wrongful arrests. Witnessing the crime ensures that the private person can accurately assess the situation and determines that an arrest is warranted, which upholds the integrity of the law and protects individual rights. In contrast, other requirements such as prior convictions or consent from law enforcement do not play a role in the authority of a private individual to make an arrest for a misdemeanor.