University of Wisconsin, Parkside
Latest update: January 16, 1999
Faculty on the Site.
California State University, Dominguez Hills
University of Wisconsin, Parkside
Latest update: January 16, 1999
Faculty on the Site.
Private citizens have no right to search other private citizens. Rare exceptions are based on safety of individuals trying to come to the aid of other individuals. These exceptions generally involve a pat down search for weapons when there is reason to believe there is danger from weapons. Other exceptions are granted to school officials, for example, to protect the safety of school children.
Penal Code sec. 846 says that "Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken." Pat down for weapons is the permissible scope of the search. Private citizens are not permitted to search other private citizens, not even incidental to a lawful citizen's arrest.
Case authority: Zelinski (1977) 24 Cal.3d 357, 363, 155 Cal.Rptr. 575.
From Zelinski: "[P]rivate citizens are not and should not be permitted to take property from other private citizens." at 363.