Can I Perform a Citizen's Arrest in My State?

As children, many dream of being superheroes, solving crimes, or keeping the world safe from evil forces. And as adults, some join neighborhood watches and other civic organizations. But what happens if you see a crime being committed in person? Can you stop it?

In general, anyone can make a warrantless arrest if they believe someone committed a crime. This is known as a citizen’s arrest. Citizen’s arrest laws vary by state. Make sure you understand the laws in your state before taking matters into your own hands, or you could end up on the other end of a lawsuit. Talk to a criminal law attorney for legal advice about making a citizen’s arrest.

Citizen’s Arrest Laws

Your options for making a citizen’s arrest depend on state law and the type of crime. Depending on the state, you may need to witness the crime to make an arrest for a misdemeanor or minor offense. This includes offenses like disturbing the peace, fighting, or disorderly conduct. For more serious offenses, you may only need probable cause to believe a felony has been committed.

For many communities in the past, this type of private citizen arrest was necessary. There were not always peace officers available to make an arrest. There are still rural communities that have fewer resources in the way of law enforcement, who are often stretched over large areas. So, in some situations, such as breach of the peace or shoplifting, citizen’s arrest may be the only option for stopping the criminal act.

However, police officers undergo training to safely detain and stop crime as it is occurring. They are armed with resources that most citizens don’t have to effectuate safe and efficient detention of a criminal. Most citizens are not as armed as the police. According to many law enforcement organizations, the best practice is to stay at a safe distance and dial 911.

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State Statutes for Lawfully Detaining an Individual

Citizen’s arrest was a common law practice, with a history dating back to England. Now, most states have statutes detailing what you need to make a citizen’s arrest. Failing to follow your state laws for private individuals making an arrest could result in false imprisonment charges.

Of course, there are always exceptions to the rules. Crimes involving thefts from stores, libraries, and museums have more protections for the party that is arresting a suspected thief.

Citizen Arrest Laws by State

What To Know Before You Make a Citizen’s Arrest

Arresting someone poses potential risks for private citizens. If someone resists arrest, you may suffer injuries or expose others to potential violence. If you are wrong about someone’s guilt, they could fight back against what they see as the wrongful use of force or wrongful arrest. You could also face civil liability for a wrongful arrest.

Some states have changed their laws to limit citizen arrest powers. With the potential for violence, injuries, and false arrests, states like Georgia limit citizen’s arrest to limited situations, such as store owners stopping shoplifters.

Citizen’s arrest statutes generally limit the amount of force you can use to make an arrest. Use of deadly force or excessive force is not justified for misdemeanors or minor infractions, like disturbing the peace. Check your state statutes and talk to an experienced attorney before making a citizen’s arrest.

Find Experienced Legal Help

If you find yourself in the middle of a bad situation and you perform a citizen’s arrest, there are many things that can go wrong. Be sure to have a reputable and experienced criminal defense attorney to call in case your citizen’s arrest lands you on the wrong side of an assault charge.