Citizen's arrests and Miranda rights

[Asimovian]

So I imagined a scenario this afternoon whereby another passenger on my commuter train became irate and physically assaulted me. And in wondering how I would restraint the individual, I assumed that my safest course of action would be to perform a citizen’s arrest rather than fighting back.

So that got me wondering how exactly one goes about a citizen’s arrest. Is there specific language I have to evoke? Am I required (or even allowed) to read the arrestee her Miranda rights? Assuming no witnesses are involved, how does a citizen’s arrest stand up in an arraignment hearing as compared to an arrest performed by a law enforcement official? Are there other particular pitfalls I’d need to avoid in order to make sure the arrest stuck?

No, this is not a real-life situation, so I’m not seeking any type of legal advice. I’m in California, if the jurisdiction matters.

[Zambini57]

As far as specific language goes:

I guess you just say " I, Joe Citizen, hereby arrest you."

Then, while the perp is doubled over with laughter you run away before the beating occurs.

[Richard_Parker]

@Asimovian

So I imagined a scenario this afternoon whereby another passenger on my commuter train became irate and physically assaulted me. And in wondering how I would restraint the individual, I assumed that my safest course of action would be to perform a citizen’s arrest rather than fighting back.

So that got me wondering how exactly one goes about a citizen’s arrest. Is there specific language I have to evoke? Am I required (or even allowed) to read the arrestee her Miranda rights? Assuming no witnesses are involved, how does a citizen’s arrest stand up in an arraignment hearing as compared to an arrest performed by a law enforcement official? Are there other particular pitfalls I’d need to avoid in order to make sure the arrest stuck?

No, this is not a real-life situation, so I’m not seeking any type of legal advice. I’m in California, if the jurisdiction matters.

Here’s what the California Supreme Court says about citizen’s arrest and Miranda:

@In re Deborah C.

Does Miranda govern custodial investigations by [private citizens]? That case concerned “the police” and “the authorities.” California courts have limited its requirements…to “law enforcement officials,” their agents, and agents of the court, while the suspect is in official custody. "'A private citizen is not required to advise another individual of his rights before questioning him. Absent evidence of complicity on the part of law enforcement officials, the admissions or statements of a defendant to a private citizen infringe no constitutional guarantees. [citations omitted]

Here’s what you have to tell them:

@People v. Boss 210 Cal 245 (Cal. 1930)

A private person making an arrest under this section must inform the person to be arrested of the intention to arrest him, the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or is pursued immediately after its commission.

IANAL, etc.

[racer72]

One of the biggest misconceptions about Miranda is that is must be given at the time of arrest, this generally happens only on TV for dramatic effect. Miranda rights only need to be read after one is arrested and prior to questioning. Any information given to an officer after an arrest and prior to Miranda other that personal information cannot be used against you. A friend of mine that is a sheriff says he only give Miranda rights to about 10% of those he arrests and those are folks he is questioning in the field. Most of the time it is the detectives that give Miranda warnings. I am a member of a legal advice forum and I have been keeping track of how many people that have been arrested and did not have their Miranda rights given to them. In most cases, that want to use this as a defense in getting charges dropped. Over the past 3+ years, 351 people have asked about the lack of Miranda, none that I know of has ever come back to those forums and said the lack of Miranda got their charges dismissed.

[Richard_Parker]

@racer72

One of the biggest misconceptions about Miranda is that is must be given at the time of arrest, this generally happens only on TV for dramatic effect. Miranda rights only need to be read after one is arrested and prior to questioning. Any information given to an officer after an arrest and prior to Miranda other that personal information cannot be used against you. A friend of mine that is a sheriff says he only give Miranda rights to about 10% of those he arrests and those are folks he is questioning in the field. Most of the time it is the detectives that give Miranda warnings. I am a member of a legal advice forum and I have been keeping track of how many people that have been arrested and did not have their Miranda rights given to them. In most cases, that want to use this as a defense in getting charges dropped. Over the past 3+ years, 351 people have asked about the lack of Miranda, none that I know of has ever come back to those forums and said the lack of Miranda got their charges dismissed.

I was just about to come back in and clarify that because I unintentionally excerpted the part of the court opinion that explains that.

So while I’m here, some more info on citizen’s arrest:

@Cal. Pen. Code Section 837

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.

@Cal. Pen. Code Section 847(a)

A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer.