Citizen’s arrest is a concept that dates back to medieval England and Wales, when sheriffs depended on townspeople to help them keep the peace. In the United States, citizens carried on the tradition through the 19th century, especially in the West, where the formation of a “posse” to hunt down criminals was a relatively common event.
Nowadays, citizen’s arrests are less common, but do occasionally occur when an ordinary person (i.e. not a police officer) stops a crime and/or holds a criminal until the police can arrive and take over. A citizen’s arrest is more defined by the detention of the person committing the crime than an actual cop-style arrest.
Citizen’s arrest is legal in all states except North Carolina. Each state’s law is slightly different, but they all basically hold that any person may stop and detain another person who they witnessed committing a felony—or who they have good reason to believe did so— but only for as long as it takes to hand the suspect off to the police. In Kentucky, you’re even allowed to kill a fleeing felon. However, in any state, if you use excessive force or mistakenly “arrest” someone who was innocent, you could be facing an ugly lawsuit, so be careful with the heroics.
If you should ever need to, here is the procedure for making a citizen’s arrest:
1. Be absolutely certain you know what you’re doing
The police really don’t want vigilante civilians interacting with criminals because it rarely ends well. If there is any way in which you can stay out of the picture, but still call the police or provide identifying information, that’s almost always the better option. Citizen’s arrest is really only in case of absolute emergency, such as saving someone’s life (or your own.)
In addition, if you misread the situation and the person hasn’t actually committed a felony (misdemeanors vary hugely by state), you could be opening yourself up to major liability. Be certain before you do anything.
2. Tell the criminal to stop
Hold up your hand and forcefully say, “Stop!” if the suspect is unarmed. If he is armed, you should call the police instead of intervening, unless you feel that you must step in to save a life.
3. Say you’re making a citizen’s arrest
Clearly state that you’re making a citizen’s arrest, and firmly tell the suspect they may not leave until the police arrive. You do not need to read them their rights, but you may not question or search them, nor can you seize evidence. A citizen’s arrest is only for detaining a suspect until the police arrive.
If the suspect attempts to leave, be very careful about physically detaining them. You could be held liable for excessive force, or worse, seriously hurt or killed. Leave the physical heroics to police.
4. Contact the authorities
As soon as possible, call the police. The point of a citizen’s arrest is to only be involved as long as you have to before the police can take over. Do not take the suspect to the police yourself—in many areas it is illegal, and it can also be very dangerous.
5. Speak to the police when they arrive
Give the police your contact information and tell them everything you actually saw, not what you think you saw. Your witness testimony will probably be needed later.
2 comments
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Professional..
Don't believe everything you read here.. the information is inaccurate - though some is common sense. Some states require that you actually physically detain a person for a citizen's arrest to take place and that is when it can become dangerous for untrained persons. Criminals don't obey laws.. they most likely WILL RESIST and this can result in injury to yourself or to them.. and if you haven't been trained to articulate why it was necessary to use the force you did and they were injured.. you're bound to be sued. Not every state requires that the crime you witness be a felony.. some citizens arrests in some states only require that you witness a crime.. it must be a "crime" not an ordinance violation.. if you don't know the difference you're in trouble to begin with.. the other exception would be a "breach of the peace" ie. someone causes a disturbance which causes people to fear for their safety.. i.e a potential to be assaulted... you need to know the law about that as well. The laws vary by state.. you'd need to know your state law, what the practice of law is and when you may or may not make a citizens arrest.. i.e some states only require a reason to believe the crime was committed.. not that you witness it. Since all the states have some variation of citizens arrest.. read up on your state law. The correct suggestion the author made here was it is better to call the police.. the exception might be to protect a life from grave harm and death.. that's self defence but might require a detention of a person in the act of self defence of others, etc. - physical detention being a "citizens arrest" - you don't always have to say you're making a citizens arrest.. though it's wise to say "you're being detained until the police, etc. arrive".. and you have to keep them safe from others while you detain them... or if they become harmed you could be in legal trouble and get sued. So unless you are desperate to make a citizens arrest.. call the police or if a competent security person is about.. ask their assistance.. they'll probably call the police too.