Recently, John, a member of our group, sent me a list of questions regarding the limits and rights that we have, as a group, to contribute to the security of the school and preventing acts of vandalism and other illegal activities the occur on school property. I sent the list of questions to Sherrie Carhart of the Sacramento Sheriff Dept and below are the list of questions and Sherrie’s responses:
Q) Is our mission to attempt apprehend or just send a message to the suspects that we are watching to hopefully prevent illegal activities?
A) Citizens are asked to report and observe. Be a good witness. Write down a description of each person including age, height, weight, hair, clothing as well as vehicle color, type of vehicle and license plate. Be able to have the right phone number to call and to describe the behavior or actions of the actions of the trespasser. Know the difference between an emergency and non-emergency call to the Sheriff or to the correct agency. We would never ask you to attempt to apprehend someone involved in an illegal activity.
Q) What are OUR RIGHTS in protecting the School?
A) Do not go over there looking to detain someone.
Q) Does the watch group wait for the suspect(s) to commit an actual illegal activity before attempting to apprehend?
A) Use your judgment in decision making; people harming people versus property crime.
Q) What illegal activities should we focus on: (curfew, trespassing, graffiti, drug use, vandalism, burglary)?
A) You should report all suspicious activity immediately to the Sheriff’s department and to the school.
Q) When do we call the Sheriff Dept? After we have apprehended a suspect? Officers have made it very clear that they DO NOT want a law abiding citizen on the school /play grounds when they arrive to prevent any mistaken identity.
A) It is lawful for a citizen to detain someone that has committed an illegal act and to make a citizen arrest. Deuties can cite and release. See PC 837.
Q) Can we grab without excessive force a suspect that is exiting the quad by way of an exit doorway or climbing over the fence?
A) The use of force is different in every situation. In a one to one situation where there are no weapons involved, preventing someone from leaving the grounds is not considered excessive force.
Q) Do we have rights to questions a person suspected of illegal activities? Can we take their photo or request personal information such as name, home address, and phone number or see identification.
A) As a private person, you can ask, but you don’t have a right to an answer. You can take their photograph.
Q) What is involved in a Citizen Arrest?
A) See PC 837
Q) I have been told a photo of a suspect performing the illegal activities is key evidence.
A) That’s true.
Q) Can we hold a suspected minor from leaving our custody if we have witnessed this person performing a crime until an officer arrives from the Sheriff’s department?
A) Yes. You do not have the right to remove him from that location, nor can you use excessive force in holding that person.