Which statement is NOT true about private arrests under Penal Code 837?

• A. A private arrest may be made when the public offense is in the presence
• B. A private arrest may be made only with a police officer present
• C. A private arrest may be made if a felony has been committed with reasonable cause
• D. The private arrest requires reasonable cause to believe the arrestee committed it

Answer: (B)

The key idea is what authority a private person has to detain someone under Penal Code 837. A private arrest can be made when you actually witness a public offense being committed, or if a felony has been committed and you have reasonable cause to believe the person you’re arresting is the one who committed it. You don’t need a police officer present for these situations; private individuals can detain and then hand the arrestee over to law enforcement.

That’s why the statement about needing a police officer present isn’t true. Private arrests don’t require an officer to be there at the moment of detention; they can occur on the private person’s own initiative under the described conditions.

The other statements align with the statute: witnessing a public offense allows a private arrest; a felony may be arrested when there is reasonable cause to believe the person committed it (even if you didn’t witness the act); and private arrests rest on reasonable cause to believe the arrestee committed the offense in many scenarios.