How to Make a Citizen’s Arrest
August 11, 2010 | Insider News, Insider Tips
The citizen’s arrest has an aura of mystique and urban legend. The phrase may conjure up images of cowboys in the Wild West taking the law into their own hands. In fact, most people today, lawyers included, don’t have the first clue about the law surrounding the citizen’s arrest.
The law of citizen’s arrest defines the enforcement of criminal law by citizens not acting in an official law enforcement capacity. The citizen’s arrest has always been a pragmatic necessity; law enforcement agents cannot be everywhere all the time and society relies on the aid of private citizens for crime prevention. The law of citizen’s arrest provides those individuals who take it upon themselves to issue a citizen’s arrest with protection from civil and criminal prosection– but there are limitations to this protection.
In the United States, the law of citizen’s arrest varies, sometimes significantly, from state to state as it is governed by state law. While nearly all jurisdictions have adopted a statutory provision for the law, a few states (such as Florida and New Mexico) continue to rely on common law.
In all states, save North Carolina, a private citizen has the right to arrest someone who has committed a felony in his presence. In some states, the citizen only needs a reasonable belief that a felony has been committed to conduct a citizen’s arrest. Additionally, in some states, when the citizen witnesses a misdemeanor that constitutes a breach of the peace, he can also make an arrest. A number of states have carved out additional scenarios in which a citizen’s arrest is allowable, including shoplifting, trespassing, and disorderly conduct.
Just as the circumstances under which a citizen’s arrest is permitted varies from state to state, so does the proper procedure for carrying out such an arrest. Generally, the arresting citizen must notify the suspect that he is being arrested and the reason for the arrest. The arresting citizen must also use only a reasonable amount of force to apprehend the suspect.
Police officers acting in an official capacity enjoy legal protection for errors during arrests that citizens do not. If the Good Samaritan gets it wrong and conducts an unauthorized arrest, or fails to follow proper procedure in an authorized arrest, he can be found liable for false imprisonment, battery, assault, or other damages caused by the arrest.
So if you find yourself considering making a citizen’s arrest, you might want to think again. Even assuming you know your state law (e.g. what constitutes a felony, what a disturbance of the peace entails, what is reasonable force, etc.), and do make a proper citizen’s arrest, you are still subject to potential lawsuit or criminal charges that can lead to a legal battle that, even if you win, may be costly.
Comments (3)
I am a VERY familiar face in my area. I am very good friends with most of the Police Officers in my town, the Deputy Sheriff’s in my county and the State Police. I have assisted with many investigations in the past on both issues that I have stumbled across and notified the authorities and also times when I was called by Officers to help with different matters.
One particular day, I had an individual FOLLOWING me, driving erratically. Sped up, slowed down, swerving and eventually nearly causing a head-on collision. I happened to be on the phone with a Police officer and notified him of the situation. He dispatched one of his Officers to intercept this guy BEHIND me (I maintained a speed of 55 -60 mph in a posted 55mph zone the entire time). After the Officer stopped the car (I was still in front of the car), I had turned around to head back toward my original destination I had driven past (being told to keep this guy in my sight to report his where-abouts) I slowed to tell the Officer I’d be around if needed….he pointed to the side of he road and said “hold on for a minute” (same expressions in the past meant…wait a minute in case this goes screwy). The Officer Approached the car and the driver fled. The Officer looked at me with a slight grin and put his hands up in the air as if to say “Yup, figures” (officer got off duty in 15 minutes). I turned and followed as the Officer began to pursuit. Within seconds, the Officer called off the pursuit due to a known congested intersection approaching and the time off day. We both quickly discovered that the driver had hit a motorist on the highway who was now on the side of the road…the Officer stopped…I saw another vehicle a quarter mile up the road off the road so I went up to that location….it was the drunk driver that fled and caused the accident (and attempted to leave). The man was getting out of his car when I parked next to him (off the traveled portion of the road way). I got out as well. as I did, I asked the man to come over to me (to see if he was injured) He kept looking at the wood line. I asked him to come over again and he started to run, to which I quickly grabbed him, both of us falling and detained him for a minute or so until the Officer came to our location. The suspect was placed under arrest by Manchester Police Department…..the Charges were as follows……(1) DUI 3, (2)Criminal DLS (driving with a suspended lisence), (3) Attempting to Elude a Police Officer, (4) Leaving the Scene of an Accident, (5) Careless and Negligent Operation of a Motor Vehicle, (6) Operating a Vehicle Without Owner’s Consent (causing damage in excess of $1000.00 making it a felony). I wasn’t looking for a pat on the pack or an “atta-boy”, I’m known for offering help when needed no matter race, color, age, sex, creed, religion or proffession (I’m an equal opportunity nice guy). (PS, the Judge let the guy go on conditions…no bail, no nothin….gotta love VT, right?)
Any way, The Officer told me to head down to the PD to give as detailed a statement as possible so as this guy wouldn’t slither out of any of the charges. All was fine until the day the State’s Attorney for Bennington County received the Affidavit and my Statement.
Erica Marthage, State’s Attorney for Bennington County, Bennington, Vermont decides that she is going to make an “example” out of me to “show the citizens that vigilantie justice will not be tolerated” (her wording). After scrutenizing the statements from myself and the Officer, she charged me with negligent Operation of a Motor Vehicle…..The one doing the speed limit and driving strait…..go figure. Though there had been many instances in VT where witnesses held suspects until police were notified and arrived….and were publicly thanked……I am being subjected to a woman in a position of power who is known for prosecuting her personal beliefs. Her job is to prosecute the cases brought to her….not ORDER a police officer to charge people they felt did no wrong doing. And to go further…She told ALL of the Officers and Dispatchers of the Police Department (My close friends and some family) that they are NOT ALLOWED TO COMMUNICATE WITH ME ON OR OFF DUTY OR THEY WILL LOSE THEIR JOBS! Even this woman’s own father speaks out in protest of his own daughters actions of trying to give me a criminal charge.
Not only that, but on 05/16/2011 I went to court to plead not guilty and apply for a public pretender…..though I financially qualified for the public defender…Judge Howard told me he declined me for a public defender because his sentence will only be a fine (So much for my right to council…I struggle to make ends meet with 3 kids and 1 on the way let alone have to pay for an attorney)
I am a prime example as to why if someone’s getting the snot beat out of them…others will just walk on by…hopefully they don’t kill you, right? Regardless of the what Erica Marthrage tries to charge me with, I would still do it all over again….this guy almost killed 2 people that I saw….who’s to say he wasn’t going to run, steal a car and succeed on killing the next person he hit? I have no regrets but now my legal battle is starting.
Anyone know of any good Lawyers willing to work Pro-Bono?
I just read the piece on citizens arrest and feel for you. Judges have no way or right to judge or be judged.
Why? Because if you have ever been on the wrong end of the eyes of any authority, you know that you are at the mercy of a, biased, inept, unexperienced, unassociated, and emotional animal wich, is contitioned by responses based on physical, chemical, and social, stimuli.
Walk a mile in ones shoes, and then you can judge me.
One of the reasons I left VT was the fact that judges there are not required to hold valid Law Degrees. VT is a class system and the “middle class” is being taxed out of existence. I suppose VT isn’t a bad place to grow up as a kid, but just like the poet said “you can never go home again” and frankly put, I am truly amazed at what a screwed up society that place is. The corruption and manipulation by the few over the many is a classic example of government gone bad. I will say this, VT is a microcosm and a Petri dish of bacteria fighting for dominance over a limited food supply. It doesn’t take a genius to see that the “great experiment” of VT as a socialist society has failed miserably. If you’re thinking about moving to VT…don’t and if you live there now, get out as quickly as you can to save your sanity and maybe your soul too…LOL! (what a dump. even the flies in the barnyard hate their environment…)