California Codes
Cal. Penal Code § 834 (2026)
✓ current as of May 2026
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An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
Notes of Decisions
Cited in 35
cases (3 in the last 5 years), 1960–2023 · leading case: Tekle Ex Rel. Tekle v. United States, 511 F.3d 839 (9th Cir. 2007).
Tekle Ex Rel. Tekle v. United States, 511 F.3d 839 (9th Cir. 2007). “" Cal.Penal Code § 834. A private person may arrest another: 1.”
People v. Hill, 839 P.2d 984 (Cal. 1992). “" (Pen. Code, § 834.) Because defendant already was lawfully in custody, he was not taken "into custody" when he was transferred, and the transfer was not an arrest.”
People v. Superior Court, 496 P.2d 1205 (Cal. 1972). “(Pen. Code, §§ 834, 835; People v. Hatcher (1969) 2 Cal.”
People v. Corey, 581 P.2d 644 (Cal. 1978). “Code, § 7521), as well as effecting the arrest of those who commit such crimes in their presence (Pen. Code, §§ 834, 836, 837), it is apparent that in so doing, they are in most cases concurrently performing the duties required of all peace officers, whether on or off duty.”
Knighten v. Sam's Parking Valet, 206 Cal. App. 3d 69 (Cal. Ct. App. 1988). “) Thus, El Torito or Valet could have lawfully retained the vehicle under the circumstances pleaded here, as appellants claim they have done in the past just as any ordinary citizen may legally arrest a person who commits or attempts to commit a public offense in his presence.”
King v. Thierry S., 566 P.2d 610 (Cal. 1977). “” (Pen. Code, § 834.) In the present case Deputy Bolts testified that after he took the two boys into custody he informed them that “they were under arrest.”
In Re Smiley, 427 P.2d 179 (Cal. 1967). “) 17 It is possible, however, that petitioner was arrested on this charge as early as May 4, 1965. The typewritten records of the Imperial County jail show that petitioner was booked on that date on the bad cheek charge, and contain a handwritten entry to the effect that…”
Robinson v. City of San Diego, 954 F. Supp. 2d 1010 (S.D. Cal. 2013). “Pursuant to California Penal Code § 834(a), if a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.”
People v. Adams, 9 Cal. Daily Op. Serv. 12 (Cal. Ct. App. 2009). “855 , 659 R2d 1144] [addressing arrest by citizen]; Pen. Code, § 834[a].) On the other hand, the use of unreasonable or excessive force to make an arrest constitutes a public offense.”
Commonwealth v. Beam, 324 A.2d 549 (Pa. Super. Ct. 1974). “5; Cal Penal Code § 834(a) (Supp. 1966). The New Jersey Superior Court has prospectively eliminated the right.”
Lofthouse v. Dep't of Motor Vehs., 124 Cal. App. 3d 730 (Cal. Ct. App. 1981). “(Pen. Code, §§ 834, 836.5, 837.) Penal Code section 847 requires only that a private citizen who makes an arrest, deliver the arrestee to a peace officer or a magistrate.”
Dennis Paul Lipton v. United States, 348 F.2d 591 (9th Cir. 1965). “2d 328, 331 (citing and quoting from Cal.Penal Code § 834). If stopping appellant for the sole purpose of inquiring whether he held a license for the activity in which he was engaged was in any sense a “seizure” it was not an “unreasonable” one, and did not violate any right…”
— Cal. Penal Code § 834(a) — 2 cases
Robinson v. City of San Diego, 954 F. Supp. 2d 1010 (S.D. Cal. 2013). “Pursuant to California Penal Code § 834(a), if a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.”
Commonwealth v. Beam, 324 A.2d 549 (Pa. Super. Ct. 1974). “5; Cal Penal Code § 834(a) (Supp. 1966). The New Jersey Superior Court has prospectively eliminated the right.”
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