DGO5.04 "Arrests by Private Persons"

5.04.01 PURPOSE

This order establishes policies regarding a member’s obligation to receive a subject arrested by a private person and procedures regarding the arrest or release of the subject.

5.04.02 DEFINITIONS

Exigent Circumstance Exception - An exigent circumstance exception arises when a member has specific and articulable facts that a particular action was performed by a member due to a concern for the safety of others or the safety of the involved member(s).

5.04.03 POLICY

Arrests by private persons may be made in the following circumstances (see Penal Code 837 for further):

1. A public offense either attempted or committed in the presence of the private person.
2. A misdemeanor or felony committed in the presence of the private person.
3. A felony has been committed and the private person has reasonable cause to believe the subject committed the felony.

A private person may arrest for public offenses not committed in the member’s presence, and the member is required to receive a person so arrested.

5.04.04 PROCEDURES

The following are the responsibilities of the Responding Member:

1. Bearing in mind the potential for bias by proxy, determine if reasonable suspicion exists to justify detaining the subject pending further investigation. If reasonable suspicion does not exist, the subject is free to leave.
2. Members shall advise private persons about their right to make a private person’s arrest. When advising any individual regarding the right to make a private person’s arrest, members should remain neutral when providing guidance to any individual making such an arrest and should limit advice to the legal requirements for such an arrest as listed below.
3. Duty to investigate, Decision to Cite, or Cite and Release. When receiving an arrest from a private person, the decision to cite or book the suspect shall be made upon further investigation of SFPD and not the arresting person's preference. SFPD has a duty to investigate allegations raised by a private person. When a person is arrested for a misdemeanor or an infraction and it is later determined that they are eligible for a citation release, an officer shall promptly cite and release the person at any time prior to the Sheriff Department assuming custody.
4. If an arrest is made, obtain the signature of the arresting private person on the Private Person’s Arrest form (SFPD 80) or document the person’s verbal affirmative response to make a private person’s arrest on BWC. Note in the incident report that a Private Persons Arrest form had been documented via BWC or SFPD Form 80.
5. PRIVATE PERSON ARRESTS - An incident report is not required if the officer accepts all the allegations as true and no crime has been committed, or the allegations are frivolous or unfounded without the need for further investigation—for example, if a person alleges that an alien abducted them or that a neighbor implanted a chip in their body to control their thoughts.
6. If a copy of the Private Person’s Arrest form is received, it shall be scanned and uploaded with the incident report.

References:
PC 837 
PC 142 
DGO 5.03 Investigative Detentions 
DGO 5.17 Bias-Free Policing 
DGO 5.06 Citation Release