How does a ‘citizen’s arrest’ work?

How does a ‘citizen’s arrest’ work? What are the legal ramifications of it’s being done incorrectly?

David Ernst, Santa Rosa

Any citizen in California can make an arrest, said Harry Barbier, a retired San Rafael police officer who now works in private security.

Tell the person they are under arrest and what they are under arrest for. Then call the police, he said.

“You can handcuff them, if you place them under citizen’s arrest and you feel you have to arrest them right then and there before the police get there,” Barbier said.

But be sure you know the law. A person - including a police officer - must witness a misdemeanor crime taking place in order to arrest someone, under most circumstances.

It’s not enough to have heard glass breaking and then see three people standing by a shattered window of your vehicle, Barbier said.

More serious felony crimes don’t have to be committed, or attempted, in a person’s presence to make a citizen’s arrest, he said. Be sure you’re not violating the suspect’s rights.

“Do you have the right have to grab a suspect, throw him to the ground and wait for the police?” Barbier said. “The answer is no, not at all.”

Barbier is vice president of Barbier Security Group, a private security firm founded by his son.

It’s based in San Rafael and provides private security in Sonoma County for several residential complexes and the town of Guerneville.

His security officers rarely make citizen’s arrests - maybe two or three a year. That’s because they advise security patrols to instead get detailed descriptions of suspects and report problems to police. The less common scenario is when a person attacks a guard, and that might lead to a citizen’s arrest, Barbier said.

Citizen’s arrests don’t circumvent law enforcement involvement.

An officer will take a report and have the arresting citizen sign a form indicating he or she is placing a suspect under citizen’s arrest. A law enforcement officer can book the suspect into jail or send a report to the District Attorney’s Office for consideration.

“Don’t get involved in anything physical unless you’re being attacked,” Barbier said. “You want it to be a good arrest.”

Submit your questions about crime, safety and criminal justice to Staff Writer Julie Johnson at julie.johnson@pressdemocrat.com. On Twitter @jjpressdem.