For years I've heard the term citizens arrest, but have never read it being used.

Yesterday I was thinking about it, and decided to put it out to Sig Forum to see if it is real.

I don't think it's legal in most states now. Georgia changed it's 100+ year old law after the Arbury shooting.
Regardless, you are risking your life and every cent you have worked for to do that.
My weapon is to protect myself and family from immediate danger then let the police sort out the rest.

It's real both in common law and in certain states, statutory law. As with many things, the rules vary significantly from state to state.

What you're really talking about when you use the term "citizens arrest" is basically the right of an individual to detain another individual on suspicion of having committed a crime without jeopardy of facing charges of false arrest, kidnapping, unlawful detention, assault/battery, etc.

Know the rules in your state and realize that just as in cases of self-defense, you may very well end up having to go through civil and/or criminal litigation anyway.

-Rob

Gomer thought it was real.

It is absolutely fact. When I was a uniformed police officer, I assisted several people to make a citizen’s arrest. It’s rare, it it is sometime warranted and sometimes the only way to arrest someone. The best example I can think of would be for petit larceny (misdemeanor) for a shoplifter. The way it worked is that I would carry a few informations (criminal complaints) that were filled out except for some minor details in my cruiser with me. If a store employee called about a shoplifter that they personally viewed steal something we would place the person in cuffs and do all the real “arresting” and then have the store employee sign the information as the complainant. It was a cleaner way to make an arrest for minor stuff than to just take a statement from the complainant and then arrest them ourselves. It wouldn’t have looked much if any different than a normal arrest to a passerby but the actual person making the arrest was the citizen and the officer was just assisting. Hope that helps clear up some questions.

You've received the answer from both an attorney and law enforcement officers above.

What I will add is that while it may often be the case that you have the same right to make an arrest as a sworn LEO, what you don't have is the same protections nor the same set of rules.

In most of the states I am familiar with the person must have actually witnessed the criminal act, whereas a police officer does not. And should something go sideways or not be correct, you are getting sued as an individual (or arrested yourself), so its best that you don't wing it.

In Oregon it’s legal and the crime has to be committed in your presence. You can’t make a citizen’s arrest based on what someone else told you. It is most commonly used by security guards for trespassing, vandalism.

quote:

Originally posted by jelrod1:
Gomer thought it was real.

Love that episode!

https://statutes.capitol.texas...ocs/CR/htm/CR.14.HTM

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 14. ARREST WITHOUT WARRANT

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

This message has been edited. Last edited by: MRBTX,

North Carolina does not have a citizens arrest by name, but the law is written to allow citizens to detain for certain offenses and hold the suspect until law-enforcement arrives. The most common example would be shoplifting. Although most retail stores won’t allow other people to interfere these days.

Another interesting North Carolina law is that if a law-enforcement officer asks for help when arresting someone, a citizen who agrees to help immediately has all the powers of a law-enforcement officer, including power of arrest and being covered by Worker’s Comp. if injured.


§ 15A-404. Detention of offenders by private persons.
(a) No Arrest; Detention Permitted. – No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(b) When Detention Permitted. – A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. – The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. – The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in
subsection (e).
(e) Surrender to Officer. – A private person who detains another must immediately
notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)
G.S. 15a-404 Page 1


§ 15A-405. Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons.
(a) Assistance upon Request; Authority. – Private persons may assist law-enforcement officers in effecting arrests and preventing escapes from custody when requested to do so by the officer. When so requested, a private person has the same authority to effect an arrest or prevent escape from custody as the officer making the request. He does not incur civil or criminal liability for an invalid arrest unless he knows the arrest to be invalid. Nothing in this subsection constitutes justification for willful, malicious or criminally negligent conduct by such person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.
(b) Benefits to Private Persons. – A private person assisting a law-enforcement officer pursuant to subsection (a) is:
(1) Repealed by Session Laws 1989, c. 290, s. 1.
(2) Entitled to the same benefits as a "law-enforcement officer" as that term is
defined in G.S. 143-166.2, the Public Safety Employees' Death Benefit Act;
and
(3) To be treated as an employee of the employer of the law-enforcement officer
within the meaning of G.S. 97-2(2) (Workers' Compensation Act).
The Governor and the Council of State are authorized to allocate funds from the Contingency and Emergency Fund for the payment of benefits under subdivision (3) when no other source is available for the payment of such benefits and when they determine that such allocation is necessary and appropriate. (1868-9, c. 178, subch. 1, s. 2; Code, s. 1125; Rev., s. 3181; C.S., s. 4547; 1973, c. 1286, s. 1; 1979, c. 714, s. 2; 1989, c. 290, s. 1; 2018-5, s. 35.29(b).)
G.S. 15A-405 Page 1

Arkansas law allow a private person to make a citizen's arrest for a felony only. Merchants and their employees are also able to detain shoplifters.

I saw one made once on Adam-12.

It will depend on A, the laws of your state, and B, you must have actually, personally witnessed the crime, not just suspect.

In Michigan, it can only apply if the crime is a Felony committed in your presence. See MCL 764.16 for the full legal stuff.

Index Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 7 Arrest, by Whom, and How Made
Section 3 By private persons.

77-7-3. By private persons.
A private person may arrest another:
(1) For a public offense committed or attempted in his presence; or
(2) When a felony has been committed and he has reasonable cause to believe the person arrested has committed it.

quote:

Originally posted by BamaJeepster:

quote:

Originally posted by jelrod1:
Gomer thought it was real.

Love that episode!

I love this episode too, and never noticed until today where he had his badge pinned to his shirt. I think I’ll cite him too

I don’t know what the law is on citizen’s arrest in CA, but I wouldn’t count on it being looked on favorably even if it is legal here.

Local sheriff’s personnel have made it clear that sworn deputies are strongly encouraged not to get involved and to just be a good witness when off duty unless there is imminent danger of death or serious injury to citizens.

quote:

Originally posted by slosig:
I don’t know what the law is on citizen’s arrest in CA, but I wouldn’t count on it being looked on favorably even if it is legal here.

Local sheriff’s personnel have made it clear that sworn deputies are strongly encouraged not to get involved and to just be a good witness when off duty unless there is imminent danger of death or serious injury to citizens.

That may be now but not in 1976. I heard some activity as a pickup with a load of plywood went over a speed bump behind my apartment. Later, they returned and I called the Sheriff.

As time passed, the Sheriff hadn't arrived and the pickup was getting ready to leave. I grabbed my 870 and ran down the stairs to stop them. I had them get out of the truck and laid spread eagle on the ground. I got their truck keys and went back inside to call the Sheriff again. In the mean time, one kid ran off while the other two started unloading the plywood.

Finally, the Sheriff arrived from both ends of the alley. One of them gave me a card to read them their rights.

Turns out to be a big operation will the school shop teacher involved with two storage facilities stocked with building materials and appliances.

Later, I was worried that they would try and get back at me but the Sheriff continued to watch the place.

While I've out of the game for some time, a citizen could always come in and sign a charge fir a disorderly person's offense or a traffic violation.

Of course, the downside is that you are prosecuting the charge yourself. Relating to traffic violations most have no clue what the elements involve. Another downside is that the defendant usually would turn around and file charges themselves.

In our town all shoplifting charges were signed by the victim, not the agency. One signed then we would deal with the remainder such as records checks and the actual hard copy of the complaint.

quote:

Originally posted by egregore:
I saw one made once on Adam-12.

I saw it on C*H*I*P*S

laws vary

check your specific state statutes



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