Download Article
Download Article
In the United States, a private person can stop or “arrest” an individual engaged in a serious crime. You can also use reasonable force to hold them until law enforcement arrives on the scene. [1] X Research source This is known as a “citizen's arrest.” The rules on when and how an individual may conduct a “citizen's arrest” varies from state to state. It's important to understand the laws in your region, especially since you can be prosecuted for improperly conducting a citizen's arrest. Decide if you should make a citizen's arrest, make the arrest, and avoid prosecution.
Steps
-
Witness a crime taking place. It's not a good idea to make a citizen's arrest unless you've actually seen a crime happening. When the police arrive, you will have to provide "probable cause" for making the arrest. This means you'll have to show that you had a reasonable belief that the person you arrested committed a crime.
- For example, if you see a person use a knife to stab another person, you've seen a crime and can detain the perpetrator.
-
Determine whether the crime is a felony. In most states, it's legal to make a citizen's arrest when you see or have reasonable cause to believe that a person committed a felony, even if the felony was not committed in your presence. [2] X Research source Cal. Pen. Code § 837. Citizen's arrests are not usually legal when the crime committed is only a misdemeanor. [3] X Research source Since the definition of a felony varies slightly from state to state, it's a good idea to read up on your state's individual laws. The following is a list of crimes that are typically a felony [4] X Research source 18 U.S. Code § 3559 :
- Murder, rape, or assault resulting in bodily injury
- Theft of more than $500 worth of property
- Indecent exposure before a child
- Hit and run
- Arson
Advertisement -
Find out the law in your location. In some other states, you must always see the offense take place regardless of whether the offense is a felony or misdemeanor breach of the peace. In these states the citizen's arrest statute doesn't allow a citizen's arrest based upon "probable cause". [5] X Research source See, for example, Texas Code Criminal Procedure 14.01(a) among some other states. [6] X Research source TEX. PENAL CODE ANN. §9.51(b); see also Simpson v. State, 815 S.W.2d at 902.
-
Decide if the crime was a "breach of peace." In some cases, you may make a citizen's arrest for misdemeanors if the misdemeanor can also be considered a breach of peace. [7] X Research source Misdemeanors that are considered breaches of peace in some states include public brawling or public intoxication. [8] X Research source
- If you arrest someone for committing a crime that falls into this category, you must have seen the crime firsthand.
-
Decide if you can safely make a citizen's arrest. Be sure you can physically restrain the person you want to arrest before you try to. Misunderstanding your physical capabilities may put you or others in harm's way. If you make a citizen's arrest, the situation could easily escalate beyond your control.
- Remember to think hard before making a citizen's arrest, especially if the perpetrator is armed.
-
Be prepared to accept the consequences. Be sure you fully understand the circumstances in which you can make a citizen's arrest. You may want to research the rules specific to your state. If so, contact a lawyer through your State Bar Association or local law enforcement office.
- If it turns out you didn't have grounds to make the arrest, you could be sued for false imprisonment, assault and battery, and other torts. [9] X Research source You may also face criminal charges. Don't make a citizen's arrest unless you're willing to face these risks.
Advertisement
-
Tell the person you're making a citizen's arrest. There are no specific words you must say, but you must make it crystal clear that you‘re making a citizen's arrest. The person you're arresting must fully understand what's happening. Explain to the potential criminal why you are making a citizen's arrest. If you can’t provide them with this information, then you shouldn't be making the arrest.
- In some states, you must communicate to the individual the specific criminal offense for which the individual is being arrested for.
- Leave it to the police to read the person their rights. For now, you only need to say that you're making an arrest.
-
Detain the person using reasonable force. You can only use the amount of force required to detain the person until the police arrive. Using a greater amount of force exposes you to legal trouble. Be careful not to harm the perpetrator unless it's necessary. [10] X Research source
-
Call and deliver the suspect to law enforcement. You must call law enforcement immediately after detaining the person. Some statutes in states like California and Minnesota require that a person take the arrested individual before a judge or peace officer “without unnecessary delay.” [11] X Research source Cal. Pen. Code § 837.
- But, if you try to transport a suspect on your own and you conducted an improper citizen's arrest, you may be subjected to a lawsuit for false imprisonment.
-
Ask someone to stay with you. If you can't deliver the suspect or your state doesn't need you to, ask a third party to stay with you. Wait for law enforcement to arrive. If possible, avoid watching the person you've arrested alone. Having a third party help you detain the person is best for everyone's safety.
- The third party may be helpful in making sure the encounter doesn't get violent and might be able to serve as a witness.
-
Explain in full detail what you saw. When law enforcement arrives, explain what you saw in full detail. Law enforcement will probably ask you to give a statement. Make sure to include everything that you saw. Explain your actions during the criminal act and the citizen's arrest. Be clear about any force you had to use to arrest the suspect.
- Depending on your state, transporting an individual away from the scene of the crime may constitute kidnapping or criminal confinement, regardless of whether you have lawful grounds for citizen's arrest.
Advertisement
-
Don't make an arrest if you didn't see the crime. While you may think you have all the evidence you need to believe someone has committed a crime, your understanding of the events may be wrong. Don't make a citizen's arrest if you overhear someone talking about robbing a bank. If you're wrong, you may be at fault. Call the police instead. [12] X Research source Always remember, an improper citizen's arrest can result in prosecution for crimes like kidnapping. [13] X Research source
- For example, just because you see a crowd of people chasing a suspect or a victim asking for help, doesn't necessarily mean you have grounds to arrest someone.
-
Don't arrest someone you believe is about to commit a crime. The crime must have already happened for you to legally make an arrest. Don't arrest someone if the crime hasn't been committed. Call the police instead. [14] X Research source
-
Don't use excessive force. Even the police are not allowed to use excessive force when taking a suspect into custody, so you, as a private citizen, should be especially careful about this. Otherwise, you may be charged with battery, even if the suspect you apprehend is guilty of a crime. The use of deadly force is usually not allowed unless the perpetrator is attacking you or someone else. [15] X Research source
- Don't use a weapon against the perpetrator when you can use your strength. [16] X Research source For example, you can tackle someone to the ground rather than hitting them.
-
Don't make a citizen's arrest if you could easily call the police instead. As a private citizen, it's not your job to make arrests. If it is at all possible, you should always leave policing to those who have a legal authority to do so--the police. Otherwise, your actions might put you, the alleged perpetrator and the general public, at risk.
- Your actions may also be viewed as vigilantism, which isn’t legally protected action if you step beyond the authority explicitly granted to citizens by the law.
-
Keep the detained suspect safe. Once you have detained someone, you’re responsible for what happens to the person while they are under your control. Ensure they‘re not in the road, where they could be hit by a car, and make sure they are protected from onlookers who might try to attack them.
Advertisement
Expert Q&A
Ask a Question
200 characters left
Include your email address to get a message when this question is answered.
Submit
Advertisement
Tips
- Be confident . Showing the suspect that you don't know what you're doing will make them more likely to leave the scene of the crime.Thanks
- When dealing with potential criminals, it's better to be on the side of caution and leave the crime control to trained professionals.Thanks
- Be as observant as possible. Even if you’re not able to keep the suspect at the scene, you can act as witness and identify the suspect later.Thanks
Submit a Tip
All tip submissions are carefully reviewed before being published
Name
Please provide your name and last initial
Thanks for submitting a tip for review!
Advertisement
Warnings
- This article is for informational purposes only and not legal advice. If you want to learn more about local rules about citizen's arrest, you should contact a lawyer through your State Bar Association or local law enforcement office.Thanks
- Be aware that the police may not know the law and may treat you firmly. The police may also question you about your actions or possibly even arrest you. There is also a possibility that you may be given a citation (notice to appear) without being arrested.Thanks
- By making a citizen's arrest, you're exposing yourself to possible lawsuits or criminal charges (e.g., impersonating an officer of the law, false imprisonment, kidnapping, wrongful arrest, defamation, negligence, battery, etc.) if you apprehend the wrong person or if you violate a suspect's civil rights. This risk varies considerably from country to country. In the U.S., a citizen's arrest is a legal minefield. Dealing with a suspect's lawyers is often more dangerous than apprehending the suspect.Thanks
- Don't attempt to use a citizen's arrest for the purpose of arresting public officials e.g., politicians, judges or civil servants, etc. for actions which you allege were commited while holding their office, this is a very bad idea and in many jursidictions they‘re immune from arrest and prosecution for any actions commited while holding their office.Thanks
- Some states have laws, known as “Open Carry” laws, which allow individuals to carry firearms in plain view. If you live in a state with “Open Carry” laws, do not conduct a citizen's arrest on a person practicing their right to lawful open carry. Look for a complete listing of states where “Open Carry” laws are in place.Thanks
- A citizen's arrest must be made during or immediately after the crime, or else it is illegal; on the other hand, all of the statutory elements of the offen must have existed at the time of the arrest for the citizen's arrest to be valid. This is true for any arrest, whether it be a citizen's arrest or an arrest by a law enforcement officer.Thanks
- Don't attempt to make a citizen's arrest for an offense under international law e.g. war crimes, local law won’t necessarily give you any power to arrest someone who you believe to be guilty of that offense and even if you can legally make a citizens arrest, it doesn't necessarily mean that it’s a good idea.Thanks
- Don't attempt to make a citizen's arrest on a police officer even if they’re unarmed and are off duty. You’ll almost certainly get arrested and taken to jail. On top of that, the officer might even take your citizen's arrest as a hostile threat and react accordingly by using force to resist your citizen's arrest, that could even include deadly force. It‘s not worth the risk. Just don't do it.Thanks
- Each state has its own statute pertaining to citizen's arrest. It’s your responsibility to know both the statute and case law that pertains to your state.Thanks
- Don't attempt to use a citizen's arrest to arrest someone, whether it be a Police officer or an ordinary person, for making an arrest or detaining someone just because you believe it to be unlawful. In many places, an unlawful arrest isn’t a felony or a breach of the peace, but even if it is, then you are still putting yourself at risk of being prosecuted or sued if it turned out that the arrest was lawful all along. It’s best to leave this sort of matter to the courts to decide.Thanks
Advertisement
References
- ↑ http://ktla.com/2014/11/15/woman-places-target-employee-under-citizens-arrest-after-alleged-peeping-incident-in-canyon-country/
- ↑ Cal. Pen. Code § 837.
- ↑ https://www.findlaw.com/criminal/criminal-procedure/citizen-s-arrest.html
- ↑ 18 U.S. Code § 3559
- ↑ See, for example, Texas Code Criminal Procedure 14.01(a) among some other states.
- ↑ TEX. PENAL CODE ANN. §9.51(b); see also Simpson v. State, 815 S.W.2d at 902.
- ↑ http://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html
- ↑ http://www.legalmatch.com/law-library/article/breach-of-the-peace.html
- ↑ http://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html
- ↑ http://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html
- ↑ Cal. Pen. Code § 837.
- ↑ http://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html
- ↑ http://www.telegraph.co.uk/news/uknews/2213254/Frank-McCourt-a-former-soldier-charged-for-makling-a-citizens-arrest.html
- ↑ https://www.findlaw.com/criminal/criminal-procedure/citizen-s-arrest.html
- ↑ https://www.findlaw.com/criminal/criminal-procedure/citizen-s-arrest.html
- ↑ http://www.nbcphiladelphia.com/news/local/Man-Makes-Citizens-Arrest-With-Gun-Montgomery-County-210437051.html
About This Article
Article Summary
X
If you’re unsure about when you can make a citizen’s arrest, check the laws in your local area, because the definition of a citizen's arrest and when you can make one varies from state to state. Detain someone if you witness them committing a felony, like murder, theft of more than $500 worth of property, rape, or a hit-and-run. Before you attempt the arrest, make sure you’re aware of your physical abilities and that you can actually detain the person, since your intervention may escalate the situation and make things worse if you can’t. When you detain them, tell them you're making a citizen's arrest. Then, use reasonable force to detain them until law enforcement arrives. For tips from our Legal co-author on how to perform a citizen’s arrest, keep reading!
Did this summary help you?
Thanks to all authors for creating a page that has been read 1,023,850 times.
Reader Success Stories
- "The article gave me a reasonable expectation concerning the process and the law. The article gave me a place to start within the process. What I should do when witnessing such harmful behaviors and the steps I need to take to render such circumstances useful." ..." more
Advertisement
93%
of readers found this article helpful
.
Click a star to add your vote
% of people told us that this article helped them.
"The article gave me a reasonable expectation concerning the process and the law. The article gave me a place to start within the process. What I should do when witnessing such harmful behaviors and the steps I need to take to render such circumstances useful."
..."
more
"This helped me by educating a 17-year-old that there were actual citizen arrests. He was totally unaware that it was possible, and was happy to know that maybe he will share it with his peers. We as a people are left in the dark. This is not beneficial."
..."
more
"There are so many laws these days that protect the criminals. I need to know how to properly place an individual under "citizen's arrest", that will not get myself into legal trouble. "Dirty Rudy" would love to take these kinds of cases."
..."
more
"After going through the whole article, I got an idea what this law stands for, what are the grounds to make a citizen's arrest, what are the precautions to be noted. I got a reasonable awareness about this."
..."
more
"I wondered for a long time what were the consequences of this "citizens arrest." Your article is very useful, and I now realize not to step in too soon in the mentioned situations.Thank you. "
..."
more
