California Private Investigator Practice Exam

What constitutes a private person's arrest?

1. Arrest based on suspicion only

2. Arrest for a misdemeanor committed in sight

3. Arrest for a felony, regardless of witnessed crime

4. Arrest by anyone, without rules

The correct answer is: Arrest for a felony, regardless of witnessed crime

A private person's arrest occurs under specific legal conditions, notably when a felony has been committed. The key aspect is that such arrests can occur even if the arresting individual did not witness the commission of the felony. This allows private citizens to act on a perceived threat to public safety or personal safety, thus enabling them to intervene as necessary. In the case of a felony, the law often provides broader authority for private individuals than it does for misdemeanors. For example, a person might be allowed to arrest someone fleeing the scene of a serious crime, even if they did not directly witness the crime itself. This legal framework is designed to empower citizens to assist law enforcement in protecting themselves and others. Conversely, arrests based merely on suspicion do not meet the legal threshold necessary for a valid arrest. Additionally, while a private citizen can arrest someone for a misdemeanor committed in their view, this must be a direct observation of the offense. Lastly, the idea that anyone can arrest someone without any rules oversimplifies the legal constraints and responsibilities that accompany a citizen's arrest and does not accurately reflect the necessity for lawful procedures and adherence to legal standards.