California Codes
Cal. Penal Code § 837 (2026)
✓ current as of May 2026
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A private person may arrest another:
1.For a public offense committed or attempted in his presence.
2.When the person arrested has committed a felony, although not in his presence.
3.When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Notes of Decisions
Cited in 64
cases (1 in the last 5 years), 1945–2021 · leading case: Hamburg v. Wal-Mart Stores, Inc., 10 Cal. Rptr. 3d 568 (Cal. Ct. App. 2004).
Hamburg v. Wal-Mart Stores, Inc., 10 Cal. Rptr. 3d 568 (Cal. Ct. App. 2004). “(Pen. Code, § 837.) Respondents moved for summary judgment and the motion was granted by the trial court, which thereupon dismissed the complaint.”
Hopkins v. Bonvicino, 573 F.3d 752 (9th Cir. 2009). “13 This second arrest was executed pursuant to Talib’s authority to perform a citizen’s arrest under Cal. Penal Code § 837 , which allows “[a] private person [to] arrest another .”
People v. Zelinski, 594 P.2d 1000 (Cal. 1979). “[4] Store personnel Moore and O'Connor were acting under this statutory authority when they arrested defendant and took her into custody for leaving the store with stolen merchandise.”
Tekle Ex Rel. Tekle v. United States, 511 F.3d 839 (9th Cir. 2007). “Cal.Penal Code § 837. While a law enforcement officer may arrest a person without a warrant when he has probable cause to believe that the arrestee committed a misdemeanor in his presence, a private person may only arrest someone for a misdemeanor when the offense actually has…”
United States v. Lima, 424 A.2d 113 (D.C. 1980). “I, § 13 of the California Constitution to unreasonable searches by security employees who are exercising their arrest and weapons search powers as enacted in Cal. Penal Code, §§ 837, 846 (West)). But where the security guard has powers akin to that of a regular police officer…”
Cervantez v. J. C. Penney Co., 595 P.2d 975 (Cal. 1979). “A peace officer may arrest a person without a warrant whenever he has probable cause to believe that the person has committed a misdemeanor in his presence.”
Collins v. Womancare, 878 F.2d 1145 (9th Cir. 1989). “Cal.Penal Code § 837 ( West 1985 ). Sections 837(2) and (3) do not apply here, since the demonstrators’ alleged offense — violating a court order — is not a felony under California law.”
King v. Thierry S., 566 P.2d 610 (Cal. 1977). “(Pen. Code, §§ 837, 839.) That theory lacks merit for two reasons.”
Alvarez-Machain v. United States, 331 F.3d 604 (9th Cir. 2003). “1970) (noting that the arrest of the plaintiff by federal postal agents would have been justified under California Penal Code § 837, even if the agents lacked authority under a federal statute); People v.”
Padilla v. Meese, 184 Cal. App. 3d 1022 (Cal. Ct. App. 1986). “(Pen. Code, § 837.) In doing so he may delegate the act of taking the suspect into physical custody.”
In Re Deborah C., 635 P.2d 446 (Cal. 1981). “(Pen. Code, § 837, subd. 1.) And the study referred to above indicated that stores discourage detention and arrest of suspects not actually seen by store employees leaving the premises with unbought merchandise.”
Commonwealth v. Grise, 496 N.E.2d 162 (Mass. 1986). “See Cal. Penal Code § 837 (Deering 1983); Me.”
— Cal. Penal Code § 837(1) — 1 case
Collins v. Womancare, 878 F.2d 1145 (9th Cir. 1989). “Cal.Penal Code § 837 ( West 1985 ). Sections 837(2) and (3) do not apply here, since the demonstrators’ alleged offense — violating a court order — is not a felony under California law.”
— Cal. Penal Code § 837(3) — 1 case
Alfred Glen Symons v. John H. Klinger, Superintendent California Men's Colony, Los Padres, 372 F.2d 47 (9th Cir. 1967).
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