Private Patrol Operator Practice Test

Can a private citizen make an arrest for a felony that did not occur in their presence?

1. No, they must witness the crime

2. Yes, according to Penal Code 837

3. Yes, but only for certain felonies

4. Only with law enforcement approval

The correct answer is: Yes, according to Penal Code 837

The correct answer states that a private citizen can make an arrest for a felony that did not occur in their presence, according to Penal Code 837. This is important because Penal Code 837 outlines the circumstances under which a private person may arrest someone. It allows individuals who are citizens to arrest another person for a felony if they have reasonable cause to believe that the person has committed a felony, even if they did not witness it happening. This provision is designed to empower citizens in situations where waiting for law enforcement could allow a suspect to escape or may lead to further harm. However, it does come with the responsibility of having a reasonable belief that a felony has been committed and that the person apprehended is the individual responsible. The other choices highlight different aspects of citizen arrest laws but do not fully align with the legal provisions. For instance, simply requiring the crime to be witnessed limits the circumstances under which a citizen can act, which is contrary to the empowering nature of Penal Code 837.