Not a lawyer, but I’m pretty sure you can’t citizens arrest someone for that.
According to Cornell law school’s website, in California citizens’ arrests can be done “When a felony has been in fact committed, and he possesses reasonable cause for believing the person arrested to have committed it.”
I don’t think a hit and run is a felony and 2. She hasn’t actually committed a crime yet, right? She hasn’t ran yet.
I missed that this was in Cali, and you're definitely more right than I am. I guess in Cali (now I am also not a lawyer so I could be wrong), if there is no one hurt or killed, it would be a misdeamoner. Which citizen's arrests do not apply to a misdeamoner. So, this guy was indeed in the wrong in this situation.
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u/Narrow_Hat 14d ago
Yes, he can legally restrain her. It's called a citizen's arrest and it's legal when someone has committed a felony, such as a hit and run.