What the statute actually allows
Penal Code section 837 authorizes a private person to arrest someone for a public offense committed or attempted in the arresting person's presence, or when the person arrested has in fact committed a felony, even if not in the arrester's presence.
The key word is 'in fact.' Unlike a peace officer, who can often rely on probable cause even if later proven wrong, a private citizen who arrests for a felony not committed in their presence is generally exposed to liability if it turns out no felony actually occurred.
Security guards act as private persons for arrest purposes unless they are separately deputized or specially commissioned, so this distinction matters directly to how a post is run.
How courts have approached private-person arrests
A plain-English look at the doctrines that recur in this area, not a substitute for reading the cases.
| Doctrine or issue | What courts have looked at | What it means for a working guard |
|---|---|---|
| Presence requirement | Whether the offense happened within the arresting person's own observation | Only arrest for a public offense you actually witnessed, not one described secondhand |
| Felony-in-fact rule | Whether a felony truly occurred, not just whether it was suspected | A mistaken felony arrest carries real exposure even if the belief was sincere |
| Reasonable manner and force | Whether the method of detaining someone was proportionate | Excess force during a citizen's arrest can turn a lawful stop into a liability |
| Prompt turnover to police | Whether the arrested person was handed to law enforcement without unreasonable delay | Call police immediately and avoid extended, informal detentions |
Practical guardrails for a security post
- Document exactly what was personally observed, in the guard's own words, before consulting anyone else
- Call 911 or dispatch immediately rather than holding a person longer than necessary to transfer custody
- Avoid guessing at felony versus misdemeanor distinctions in the field; when in doubt, observe and report rather than physically arrest
- Use only the force necessary to prevent escape or protect safety, and stop as soon as that need ends
Research and education only
This page is for research and education about California private-security topics. Summit Force Security Group is not a law firm and does not provide legal representation or legal advice. Anyone facing a specific arrest, detention, or liability question should consult a licensed California attorney.
Official sources & local data
We link to the agencies rather than reprinting them, so you always land on the current version. Summit Force is not affiliated with or endorsed by any agency listed here.
The services this applies to
- Standing & Foot Guard ServicesStatic unarmed officers posted at lobbies, gates, checkpoints, and reception with full activity logging.
- Retail & Shopping Center SecurityUniformed presence that reduces shrink, loitering, and vehicle break-ins across retail centers and parking lots.
- Mobile Vehicle PatrolHigh-visibility marked patrol units with randomized rounds, GPS-verified checkpoints, and photo reports after every pass.