Can Civilians Arrest Cops?

Among those calling for the arrest of Lt. John Pike after he pepper-sprayed docile UC Davis students, are some who think a so-called citizen's arrest is in order. So far as I can tell, it is indeed possible for a civilian to legitimately put the cuffs on a peace officer, but an amateur enforcer could be vulnerable to a false arrest lawsuit. Therefore, anyone who might apprehend him should not only be able to say exactly which crime Pike committed, but be certain the allegation is correct.

Although it's generally illegal in California to use pepper spray apart from self-defense, police officers are exempt. So the only recourse for the sprayed might be to sue the sprayer for violating the Constitution and the UC Police procedures manual, which states:

Chemical agents... should be used only in situations where such force reasonably appears justified and necessary... Arrestees and suspects... shall not be subject to physical force except as required to subdue violence or ensure detention.

Over at The Atlantic, Alexis Madrigal rejects the notion "that Pike is an independent bad actor. Too many incidents around the country attest to the widespread deployment of these tactics. If we vilify Pike, we let the institutions off way too easy."

Madrigal has a point, and those who are itching to bust a wayward cop would find -- if they were to look -- many such offenders on California roadways acting as if they are above the law. It would be especially easy to nab unarmed parking enforcement officers, most of whom violate various traffic/parking laws flagrantly and chronically, even though police are always supposed to obey the entire Vehicle Code (unless responding to an emergency).

Which isn't to say that cops with guns are more likely to comply with such inconvenient laws. To the contrary, everyone is quite familiar with the sight of an empty patrol car illegally parked at a red curb while its driver and partner enjoy lunch.

Civilians, at least in California, have surprisingly broad authority to go after Pike as well as double-parked meter maids and hungry officers who can't be bothered to find a legal space. In fact, a cop who has committed a public offense (an act punishable by fine or imprisonment) could be lawfully arrested by just about anyone for just about anything -- even a minor traffic violation.

When it comes to the actual hands-on part of law enforcement, civilians have powerful options. I doubt the summoned are required to cooperate, but a person making a citizen's arrest is authorized to "orally summon as many persons as he deems necessary to aid him..."

If it's in pursuit of a suspected felon, a "private person" (plus whatever posse might have been recruited) can lawfully "break open the door or window of the house in which the person to be arrested is..." and forcibly take the arrestee before a judge.

We have not yet seen civilians attempt to take such drastic action against a police officer. But on the UC Davis campus and elsewhere, relations between cops and the community are so strained that all sorts of retaliations for actual or perceived police brutality seem possible.

The situation in Los Angeles is starkly different. Protesters who are occupying two lawns on opposite sides of City Hall have impressively maintained almost total harmony with the LAPD. Police chief Charlie Beck even tolerates pot smoking in his presence. He told a LA Weekly reporter, "Marijuana use doesn't disturb me... We don't want to arrest anyone... The true measure of strength is when you restrain it."

Maybe the top cops and mayors of other American cities should visit Los Angeles, enjoy a few bong hits with Chief Beck and discuss how to treat peaceful demonstrators humanely.

In the meanwhile, Lt. Pike would be well-advised to make sure he comes to a complete stop before he turns right on red in Davis.

This story was also published at CitizenJeff.com.

________________________________________________________________________ Content concerning legal matters is for informational purposes only, and should not be relied upon in making legal decisions or assessing your legal risks. Always consult a licensed attorney in the appropriate jurisdiction before taking any course of action that may affect your legal rights.

 

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Comments

[angelavictoria5]

12:30 AM on 11/26/2011

Another police officer should have handcuffed Officer Pike. He may as well have doused that kid with gasoline and set him on fire. The serious injury done to that student is the same. There is no excuse for that. Maybe OWW should have some constables standing by to take brutal and unlawful officers into custody.

[dbrett480]

10:22 AM on 11/26/2011

While it is clearly obvious Lieutenant Pike used force incorrectly, you cannot compare pepper spray to gasoline. Yes, it is painful (I have been sprayed), but it goes away and does not leave any lasting injury.

I don't think the solution is having untrained "constables" waiting to "arrest" police officers. The internal investigation will reveal what mistakes were made, and how the use of force policy needs to be changed to remove a reliance on chemical agents when dealing with passive resistant protesters.

[Jeff Norman]

05:06 PM on 11/26/2011

As I pointed out in my article, police officers in California are exempt from the prohibition against using pepper spray. In other words, there's no law that says they must not use it apart from self-defense. So I don’t see why you think Pike should have been arrested.

http://law.onecle.com/california/penal/12403.html

Any and all bystanders at demonstrations are authorized (in California at least) to arrest a cop who has committed a public offense. Also, the arrest could be effectuated at a later time.

http://law.onecle.com/california/penal/837.html

[dbrett480]

11:41 AM on 11/24/2011

The issue with many citizen arrests is the aftermath. If the person arrested is not guilty, then the citizen is liable for false imprisonment.

Also, a citizen cannot arrest someone and book them in jail. A law enforcement officer is still needed for that.

[Jeff Norman]

01:33 PM on 11/24/2011

I mentioned the risk of being sued.

The arrestee can be taken before a judge by those who made the arrest. I don’t know what authority the judge would have at that point.

Anyone know?

[dbrett480]

03:02 PM on 11/24/2011

Unless a judge is physically present (doubtful), the person will still need to be transferred to court. It is incredibly unwise to detain a person and transport them because you will be guilty of kidnapping. I work in law enforcement and handle many citizen arrests; they all require a law enforcement officer to facilitate them in order to avoid putting the citizen in a legally gray area.

[Toru Huy]

08:37 PM on 11/23/2011

UC Davis police and administration infiltrate peaceful student protest for some times:
http://www.theaggie.org/2011/03/10/guest-opinion-uc-davis-police-and-administration-infiltrate-peaceful-student-protest/

[Scott Kuechenmeister]

05:41 PM on 11/23/2011

i'd like to see this try to happen... can u say "beat down"?

[Ruth1966]

09:36 PM on 11/23/2011

"i'd like to see this try to happen... can u say "beat down"? "

==Oh a dream come true!! Fanned and faved, Scott!!==

[ghostndamachine]

12:08 AM on 11/25/2011

If they resist, that force which is reasonable to make the arrest can be used. Since he is armed, and those that add him would be accomplices to the crime, deadly force would be employed. And since most officers are incredible piss poor shots, the people would be the benefit from no trial and and a criminal(s) out of a position of trust.

[scorpio49]

03:46 PM on 11/23/2011

how in he ll did pike get to be a lieutenant?

[Ruth1966]

09:37 PM on 11/23/2011

Hard work and dedication

[Doug Watt]

03:38 AM on 11/24/2011

He's got to be somebody's nephew or something. He would never qualify for a job with a regular police force.