Citizen Arrest Laws

Citizen’s
Arrest in the United States


File by Raven










The following is a
list of Citizen Arrest Laws for every state.
It’s important to note that through American Organic Laws (http://uscode.house.gov/download/pls/organiclaws.txt) we have certain rights. Common Law enables anyone in the US
to arrest another where the accuser demonstrates a valid cause of action
against the accused. While the arrest by a commoner has its roots in British
Common Law, the authority of arrest by anyone was originally absorbed into
American Law via the strict construction found in American Organic Laws as
strictly construed in the Declaration of Independence, where it states
"all men are created equal" and "That to secure these rights,
Governments are instituted among Men, deriving their just powers from the
consent of the governed". American Organic Laws strictly construct
American form of common law to define the characteristics of common law both
inherited and repugnant to American Law. The concepts in law derive precedence
from throughout British common law dating back to the Magna Carta. Strict
constructions of American law provide the foundational bridge concepts that
absorbed and expanded the concept of equal authority of the American individual
to any man or woman accepting liability for an accusation against another.


I want to point out that if you want to track down these laws yourself, look up your state's penal codes and begin there. That's where I grabbed most of this information.


Also, I couldn't find anything for Florida, Hawaii, and West Virginia. If you find something, let me know so I can update!

Find your state below


Alabama


Code of Alabama Section
15-10-7

Arrests by private persons.

(a) A private person may arrest another for any
public offense:

(1) Committed in his presence;

(2) Where a felony has been committed, though not in his presence, by the
person arrested; or

(3) Where a felony has been committed and he has reasonable cause to believe
that the person arrested committed it.

(b) An arrest for felony may be made by a private person on any day and at any
time.

(c) A private person must, at the time of the arrest, inform the person to be
arrested of the cause thereof, except when such person is in the actual
commission of an offense, or arrested on pursuit.

(d) If he is refused admittance, after notice of his intention, and the person
to be arrested has committed a felony, he may break open an outer or inner door
or window of a dwelling house.

(e) It is the duty of any private person, having arrested another for the
commission of any public offense, to take him without unnecessary delay before
a judge or magistrate, or to deliver him to some one of the officers specified
in Section 15-10-1, who must forthwith take him before a judge or magistrate.





Alaska


AS 12.25.030. Grounds For Arrest By Private
Person or Peace Officer Without Warrant.



(a) A private
person or a peace officer without a warrant may arrest a person


(1) for a
crime committed or attempted in the presence of the person making the arrest;


(2) when the
person has committed a felony, although not in the presence of the person
making the arrest;


(3) when a
felony has in fact been committed, and the person making the arrest has
reasonable cause for believing the person to have committed it.


(b) In addition
to the authority granted by (a) of this section, a peace officer


(1) shall
make an arrest under the circumstances described in AS 18.65.530;


(2) without a
warrant may arrest a person if the officer has probable cause to believe the
person has, either in or outside the presence of the officer,


(A) committed
a crime involving domestic violence, whether the crime is a felony or a
misdemeanor; in this subparagraph, "crime involving domestic
violence" has the meaning given in AS 18.66.990 ;


(B) committed
the crime of violating a protective order in violation of AS 11.56.740 ; or


(C) violated
a condition of release imposed under AS 12.30.025 or 12.30.027;


(3) without a
warrant may arrest a person when the peace officer has reasonable cause for
believing that the person has


(A) committed
a crime under or violated conditions imposed as part of the person's release
before trial on misdemeanor charges brought under AS 11.41.270 ;


(B) violated
AS 04.16.050 or an ordinance with similar elements; however, unless there is a
lawful reason for further detention, a person who is under the age of 18 and
who has been arrested for violating AS 04.16.050 or an ordinance with similar
elements shall be cited for the offense and released to the person's parent,
guardian, or legal custodian; or


(C) violated
conditions imposed as part of the person's release before trial on felony
charges brought under AS 11.41.410 - 11.41.458.


(c)
[Repealed, Sec. 16 ch 61 SLA 1982].


(d) [Repealed,
Sec. 72 ch 64 SLA 1996].





Arizona


According to Arizona state legislature:


13-3884. Arrest by private
person


A private person may make an
arrest:


1. When the person to be arrested
has in his presence committed a misdemeanor amounting to a breach of the peace,
or a felony.


2. When a felony has been in fact
committed and he has reasonable ground to believe that the person to be
arrested has committed it.


13-3889. Method of arrest by
private person


A private person when making an
arrest shall inform the person to be arrested of the intention to arrest him
and the cause of the arrest, unless he is then engaged in the commission of an
offense, or is pursued immediately after its commission or after an escape, or
flees or forcibly resists before the person making the arrest has opportunity
so to inform him, or when the giving of such information will imperil the
arrest.


13-3900. Duty of private
person after making arrest


A private person who has made an
arrest shall without unnecessary delay take the person arrested before the
nearest or most accessible magistrate in the county in which the arrest was
made, or deliver him to a peace officer, who shall without unnecessary delay
take him before such magistrate. The private person or officer so taking the person
arrested before the magistrate shall make before the magistrate a complaint,
which shall set forth the facts showing the offense for which the person was
arrested. If, however, the officer cannot make the complaint, the private
person who delivered the person arrested to the officer shall accompany the
officer before the magistrate and shall make to the magistrate the complaint
against the person arrested.





Arkansas


16-81-106. Authority to arrest.

(a) An arrest may be made by a certified law enforcement
officer or by a private person.

(b) A certified law enforcement officer may make an
arrest:

(1) In obedience to a warrant of arrest delivered to him
or her; and

(2) (A) Without
a warrant, where a public offense is committed in his or her presence or where
he or she has reasonable grounds for believing that the person arrested has
committed a felony.

(B) In addition to any other warrantless arrest authority
granted by law or court rule, a certified law enforcement officer may arrest a
person for a misdemeanor without a warrant if the officer has probable cause to
believe that the person has committed battery upon another person, the officer
finds evidence of bodily harm, and the officer reasonably believes that there
is danger of violence unless the person alleged to have committed the battery
is arrested without delay.

(c) (1) A
certified law enforcement officer who is outside his or her jurisdiction may
arrest without warrant a person who commits an offense within the officer's
presence or view if the offense is a felony or a misdemeanor.

(2) (A) A
certified law enforcement officer making an arrest under subdivision (c)(1) of
this section shall notify the law enforcement agency having jurisdiction where
the arrest was made as soon as practicable after making the arrest.

(B) The law enforcement agency shall then take custody of
the person committing the offense and take the person before a judge or
magistrate.

(3) Statewide arrest powers for certified law enforcement
officers will be in effect only when the officer is working outside his or her
jurisdiction at the request of or with the permission of the municipal or
county law enforcement agency having jurisdiction in the locale where the
officer is assisting or working by request.

(4) Any law enforcement agency exercising statewide arrest
powers under this section must have a written policy on file regulating the
actions of its employees relevant to law enforcement activities outside its
jurisdiction.

(d) A private person may make an arrest where he or she
has reasonable grounds for believing that the person arrested has committed a
felony.

(e) A magistrate or any judge may orally order a certified
law enforcement officer or private person to arrest anyone committing a public
offense in the magistrate's or judge's presence, which order shall authorize
the arrest.

(f) For purposes of this section, the term "certified
law enforcement officer" includes a full-time wildlife officer of the
Arkansas State Game and Fish Commission so long as the officer shall not
exercise his or her authority to the extent that any federal funds would be
jeopardized.

(g) The following persons employed as full-time law
enforcement officers by the federal, state, county, or municipal government,
who are empowered to effect an arrest with or without warrant for violations of
the United States Code and who are authorized to carry firearms in the
performance of their duties, shall be empowered to act as officers for the
arrest of offenders against the laws of this state and shall enjoy the same
immunity, if any, to the same extent and under the same circumstances as
certified state law enforcement officers:

(1) Federal Bureau of Investigation special agents;

(2) United States Secret Service special agents;

(3) United States Citizenship and Immigration Services
special agents, investigators, and patrol officers;

(4) United States Marshals Service deputies;

(5) Drug Enforcement Administration special agents;

(6) United States Postal Inspection Service postal inspectors;

(7) United States Customs and Border Protection special
agents, inspectors, and patrol officers;

( United States General Services Administration special
agents;

(9) United States Department of Agriculture special
agents;

(10) Bureau of Alcohol, Tobacco, Firearms and Explosives
special agents;

(11) Internal Revenue Service special agents and
inspectors;

(12) Certified law enforcement officers of the United
States Department of the Interior, National Park Service, and the United States
Fish and Wildlife Service;

(13) Members of federal, state, county, municipal, and
prosecuting attorneys' drug task forces; and

(14) Certified law enforcement officers of the United
States Department of Agriculture, Forest Service.

(h) Pursuant to Article 2.124 of the Texas Code of
Criminal Procedure, any certified law enforcement officer of the State of
Arkansas or law enforcement officer specified in subsection (g) of this section
shall be authorized to act as a law enforcement officer in the State of Texas
with the same power, duties, and immunities of a peace officer of the State of
Texas who is acting in the discharge of an official duty:

(1) During a time in which:

(A) (i) The
law enforcement officer from the State of Arkansas is transporting an inmate or
criminal defendant from a county in Arkansas that is on the border of Texas to
a hospital or other medical facility in a county in Texas that is on the border
between the two (2) states.

(ii) Transportation to such a facility shall be for
purposes including, but not limited to, evidentiary testing of that inmate or
defendant as is authorized pursuant to laws of the State of Arkansas or for
medical treatment; or

(B) The law enforcement officer from the State of Arkansas
is returning the inmate or defendant from the hospital or facility in Texas to
an adjoining county in Arkansas; and

(2) To the extent necessary to:

(A) Maintain custody of the inmate or defendant while
transporting the inmate or defendant; or

(B) Retain custody of the inmate or defendant if the
inmate or defendant escapes while being transported.

(i) A certified law enforcement officer trained pursuant
to a memorandum of understanding between the State of Arkansas and the United
States Department of Justice or the United States Department of Homeland
Security is authorized to make an arrest in order to enforce federal
immigration laws.

California


The California Penal Code states:


837. A private person may arrest
another:


1. For
a public offense committed or attempted in his/her presence.


2. When
the person arrested has committed a felony, although not in his presence.


3. When
a felony has been in fact committed, and he or she has reasonable cause for
believing the person arrested to have committed it.


839. Any person making an arrest may
orally summon as many persons as he/she deems necessary to aid him/her therein.


841. The person making the arrest must
inform the person to be arrested of the intention to arrest him, of the cause
of the arrest, and the authority to make it, except when the person making the
arrest has reasonable cause to believe that the person to be arrested is
actually engaged in the commission of or an attempt to commit an offense, or
the person to be arrested is pursued immediately after its commission, or after
an escape. The person making the arrest must, on request of the person he is
arresting, inform the latter of the offense for which he is being arrested.


844. To make an arrest, a private
person, if the offense is a felony, and in all cases a peace officer, may break
open the door or window of the house in which the person to be arrested is, or
in which they have reasonable grounds for believing the person to be, after
having demanded admittance and explained the purpose for which admittance is
desired.


845. Any person who has lawfully
entered a house for the purpose of making an arrest, may break open the door or
window thereof if detained therein, when necessary for the purpose of
liberating himself, and an officer may do the same, when necessary for the purpose
of liberating a person who, acting in his aid, lawfully entered for the purpose
of making an arrest, and is detained therein.


846. Any person making an arrest may
take from the person arrested all offensive weapons which he may have about his
person, and must deliver them to the magistrate before whom he is taken.


847. (a) A private person who has
arrested another for the commission of a public offense must, without
unnecessary delay, take the person arrested before a magistrate, or deliver him
or her to a peace officer. (b) There shall be no civil liability on the part
of, and no cause of action shall arise against, any peace officer or federal
criminal investigator or law enforcement officer described in subdivision (a)
or (d) of Section 830.8, acting within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest under any of the
following circumstances:(1) The arrest was lawful, or the peace officer, at the
time of the arrest, had reasonable cause to believe the arrest was lawful.(2)
The arrest was made pursuant to a charge made, upon reasonable cause, of the
commission of a felony by the person to be arrested.(3) The arrest was made
pursuant to the requirements of Section 142, 837, 838, or 839.





Colorado


Colorado
Revised Statutes Title 16-3-201. Arrest by a private person.


"A person who is not a peace
officer may arrest another person when any crime has been or is being committed
by the arrested person in the presence of the person making the arrest."





Connecticut


The Connecticut
General Statute 53a-22 allows for a private person, acting on his or her own
account, to use reasonable physical force upon another person if he or she
reasonably believes it is needed to effect an arrest. The citizen also must reasonably
believe the person has committed an offense, and in the end, the person has to
have actually committed such offense for it to be legal. A private person can
also make an arrest if he or she is directed to do so by a peace officer
(MACNAMARA,2011).

Delaware


The arrest of a person may be lawfully made by any
peace officer or a private person, without a warrant, upon reasonable
information that the accused stands charged in the courts of a state with a
crime punishable by death or imprisonment for a term exceeding 1 year, but when
so arrested the accused shall be taken before a judge or justice of the peace
with all practicable speed and complaint shall be made against the accused
under oath setting forth the ground for the arrest as in § 2513 of this title,
and thereafter the accused's answer shall be heard as if the accused had been
arrested on a warrant.


41 Del. Laws, c. 213, § 14; 11 Del. C. 1953, § 2514;
70 Del. Laws, c. 186, § 1.;





District of Columbia


District of Columbia Law 23-
582(b) reads as follows:


(b) A private person may arrest
another -


(1) who he has probable cause to
believe is committing in his presence -


(A) a felony, or


(B) an offense enumerated in
section 23-581 (a)(2); or


(2) in aid of a law enforcement
officer or special policeman, or other person authorized by law to make an
arrest.


(c) Any person making an arrest
pursuant to this section shall deliver the person arrested to a law enforcement
officer without unreasonable delay. (July 29, 1970, 84 Stat. 630, Pub. L.
91-358, Title II, � 210(a); 1973 Ed., � 23-582; Apr. 30, 1988, D.C. Law
7-104, � 7(e), 35 DCR 147.)

Florida
Nothing found.





Georgia


(a) A private
person who makes an arrest pursuant to Code Section 17-4-60 shall, without any
unnecessary delay, take the person arrested before a judicial officer, as
provided in Code Section 17-4-62, or deliver the person and all effects removed
from him to a peace officer of this state.

(b) A peace officer who takes custody of a
person arrested by a private person shall immediately proceed in accordance
with Code Section 17-4-62.

(c) A peace officer who in good faith and within
the scope of his authority takes custody of a person arrested by a private
person pursuant to this Code section shall not be liable at law for false
arrest or false imprisonment arising out of the arrest.





Hawaii


Nothing found.








Idaho


19-604. WHEN
PRIVATE PERSON MAY ARREST. A private person may arrest another:


1. For a public offense committed or attempted in his
presence.


2. When the person arrested has committed a felony,
although not in his presence.


3. When a felony has been in fact committed, and he has
reasonable cause for believing the person arrested to have committed it.


19-606. PERSON ARRESTING MAY SUMMON ASSISTANCE. Any
person making an arrest may orally summon as many persons as he deems necessary
to aid him therein.


19-614. DUTY
OF PRIVATE PERSON MAKING ARREST. A private person who has arrested
another for the commission of a public offense must, without unnecessary delay,
take the person arrested before a magistrate, or deliver him to a peace
officer.





Illinois


725 ILCS 5/107-3 Arrest by Private
Person.
Any person may arrest another when he has
reasonable grounds to believe that an offense other than an ordinance violation ¹ is
being committed.

• A private citizen can make an arrest if there
are “reasonable grounds to believe that an offense other than an ordinance
violation is being committed.” ²

• A private citizen cannot make an arrest based
on suspicion or probable cause. ³

• Traffic violations of the Illinois Vehicle
code are subject to citizen's arrest. ⁴

• An arrest authorized by statute cannot be
grounds for civil liability. ⁵ - However police have qualified immunity,
private citizens don’t.⁶

• Outside of their jurisdiction police have the
same arrest power as a citizen. ⁷ However there are important exceptions:

725 ILCS 5/107-4 (a-3) Any peace officer employed
by a law enforcement agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State:
(1) if the officer is engaged
in the investigation of an offense that occurred in the officer's primary
jurisdiction and the temporary questioning is conducted or the arrest is made
pursuant to that investigation; or
(2) if the officer, while on
duty as a peace officer, becomes personally aware of the immediate commission
of a felony or misdemeanor violation of the laws of this State; or
(3) if the officer, while on
duty as a peace officer, is requested by an appropriate State or local law
enforcement official to render aid or assistance to the requesting law
enforcement agency that is outside the officer's primary jurisdiction; or
(4) in accordance with Section
2605-580 ⁸ of the Department of State Police Law of the Civil Administrative Code
of Illinois. While acting pursuant to this subsection, an officer has the same
authority as within his or her own jurisdiction.





Indiana


Indiana
Code 35-33-1-4:



Any person may arrest any other person if:
(1) the other person committed
a felony in his presence;
(2) a felony has been committed
and he has probable cause to believe that the other person has committed that
felony; or
(3) a misdemeanor involving a
breach of peace is being committed in his presence and the arrest is necessary
to prevent the continuance of the breach of peace.
A person making an arrest under this section shall, as soon as practical,
notify a law enforcement officer and deliver custody of the person arrested to
a law enforcement officer.
The law enforcement officer may process the arrested person as if the officer
had arrested him. The officer who receives or processes a person arrested by
another under this section is not liable for false arrest or false
imprisonment.






Iowa


804.9 ARRESTS BY PRIVATE PERSONS.


A private person may make an arrest:


1.
For a public offense committed or attempted in the person's


presence.


2.
When a felony has been committed, and the person has


reasonable ground for believing that the
person to be arrested has


committed it.


804.10 USE OF FORCE IN ARREST BY PRIVATE PERSON. A private person who makes or assists another private person in making a lawful arrest is justified in using any force which the person reasonably believes to be necessary to make the arrest or which the person reasonably believes to be necessary to prevent serious injury to any person. A private person who is summoned or directed by a peace officer to assist in making an arrest may use whatever force the peace officer could use under the circumstances, provided that, if the arrest is unlawful, the private person assisting the officer shall be justified as if the arrest were a lawful arrest, unless the person knows that the arrest is unlawful.

Kansas


A private person may make an
arrest when any crime, other than a traffic infraction or a cigarette or
tobacco infraction, has been or is being committed by the arrested person in
the view of the person making the arrest. K.S.A. 2001 Supp. 22-2403.





Kentucky


The law holds that a person witnessing a felony must take
affirmative steps to prevent it, if possible. (See Gill v. Commonwealth,
235 KY 351 (1930.) Kentucky citizens are
permitted to kill fleeing felons while making a citizen's arrest (Kentucky
Criminal Code � 37; S 43, �44.)





Louisiana


Art. 214. Arrest by private person; when lawful

A private person may make an arrest when the person arrested has committed a
felony, whether in or out of his presence.

As for liable, Louisiana Statutes allow for
the use of deadly force when protecting yourself or another.


Private
citizens can arrest other motorists suspected of driving under the influence of
alcohol.
Louisiana v.
Common (Court of Appeals, State of Louisiana, 11/15/2011)





Maine


§16. Warrantless arrests by a
private person



Except as otherwise specifically provided, a private
person has the authority to arrest without a warrant: [2007, c. 173, §7 (AMD).]


1.
Any person who the private person has probable cause to believe has committed
or is committing: A. Murder; or [1977, c. 510, §25 (RPR).] B. Any Class A, Class B or Class C crime. [1975, c. 740, §22 (NEW).][ 2007, c. 173, §7 (AMD) .]


2.
Any person who, in fact, is committing in the private person's presence and in
a public place any of the Class D or Class E crimes described in section 207;
209; 211; 254; 255-A; 501-A, subsection 1, paragraph B; 503; 751; 806; or 1002. A. [2007, c. 466, Pt. B, §11 (RP); 2007, c. 466, Pt. B, §12 (AFF).][ 2007, c. 518, §5 (AMD) .]


3.
For the purposes of subsection 2, in the presence has the same meaning given in
section 15, subsection 2.[ 1975, c. 740, §22 (NEW) .]





Maryland


A citizen may arrest you without warrant if you have
committed a misdemeanor amounting to a breach of the peace or a felony in the
citizen’s presence. A citizen’s arrest is only lawful if you have in fact
committed the crime for which you are being arrested.


If you have been arrested by a private citizen and did not
commit a crime, you may sue for unlawful arrest, even if the citizen had reason
to believe you were guilty. However you may not sue property owners or
merchants if they detained you because they believed you had wrongfully taken
their property.





Massachusetts


Commonwealth
v. Harris, 11 Mass. App. Ct. 165 (1981). Citizen's Arrest. "In Massachusetts a private person
may lawfully arrest someone who has in fact committed a felony... The stricter
requirement for a citizen's arrest -- that the person arrested be shown in fact
to have committed a felony -- is designed to discourage such arrests and to
prevent "the dangers of uncontrolled vigilantism and anarchistic
actions." ...Generally, the person arrested must be convicted of a felony
before the "in fact committed" element is satisfied and the arrest
validated. If the citizen is in error in making the arrest, he may be liable in
tort for false arrest or false imprisonment."





Michigan


764.16
Arrest by private person; situations.


Sec. 16.


A private person may make
an arrest—in the following situations:


(a) For a felony committed
in the private person's presence.


(b) If the person to be
arrested has committed a felony although not in the private person's presence.


(c) If the private person
is summoned by a peace officer to assist the officer in making an arrest.


(d) If the private person
is a merchant, an agent of a merchant, an employee of a merchant, or an
independent contractor providing security for a merchant of a store and has
reasonable cause to believe that the person to be arrested has violated section
356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of
1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in
that store, regardless of whether the violation was committed in the presence
of the private person.





Minnesota


629.30 ARRESTS; BY WHOM MADE;
AIDING OFFICER.



Subdivision
1.Definition.






Arrest
means taking a person into custody that the person may be held to answer for a
public offense. "Arrest" includes actually restraining a person or
taking into custody a person who submits.


Subd.
2.Who may arrest.






An
arrest may be made:


(1) by a peace
officer under a warrant;


(2) by a peace
officer without a warrant;


(3) by an officer
in the United States Customs and Border Protection or the United States
Citizenship and Immigration Services without a warrant;


(4) by a private
person.


A private person
shall aid a peace officer in executing a warrant when requested to do so by the
officer.


629.37 WHEN PRIVATE PERSON MAY
MAKE ARREST.



A
private person may arrest another:


(1) for a public
offense committed or attempted in the arresting person's presence;


(2) when the person
arrested has committed a felony, although not in the arresting person's
presence; or


(3) when a felony
has in fact been committed, and the arresting person has reasonable cause for
believing the person arrested to have committed it.





629.38 PRIVATE PERSON TO DISCLOSE
CAUSE OF ARREST.



Before making an
arrest a private person shall inform the person to be arrested of the cause of
the arrest and require the person to submit. The warning required by this
section need not be given if the person is arrested while committing the
offense or when the person is arrested on pursuit immediately after committing
the offense. If a person has committed a felony, a private person may break
open an outer or inner door or window of a dwelling house to make the arrest
if, before entering, the private person informs the person to be arrested of
the intent to make the arrest and the private person is then refused
admittance.





Mississippi


An officer or
private person may arrest any person without warrant, for an indictable offense
committed, or a breach of the peace threatened or attempted in his presence; or
when a person has committed a felony, though not in his presence; or when a felony
has been committed, and he has reasonable ground to suspect and believe the
person proposed to be arrested to have committed it; or on a charge, made upon
reasonable cause, of the commission of a felony by the party proposed to be
arrested. And in all cases of arrests without warrant, the person making such
arrest must inform the accused of the object and cause of the arrest, except
when he is in the actual commission of the offense, or is arrested on pursuit.








Missouri


563.051.
Private Person’s Use of Force in Making an Arrest


1.
A private person who has been directed by a person he reasonably believes to be
a law enforcement officer to assist such officer to effect an arrest or to
prevent escape from custody may, subject to the limitations of subsection 3,
use physical force when and to the extent that he reasonably believes such to
be necessary to carry out such officer’s direction unless he knows or believes
that the arrest or prospective arrest is not or was not authorized.


2.
A private person acting on his own account may, subject to the limitations of
subsection 3, use physical force to effect arrest or prevent escape only when
and to the extent such is immediately necessary to effect the arrest, or to
prevent escape from custody, of a person whom he reasonably believes to have
committed a crime and who in fact has committed such crime.


3.
A private person in effecting an arrest or in preventing escape from custody is
justified in using deadly force only


(1)
When such is authorized under other sections of this chapter; or


(2)
When he reasonably believes such to be authorized under the circumstances and
he is directed or authorized by a law enforcement officer to use deadly force;
or


(3)
When he reasonably believes such use of deadly force is immediately necessary
to effect the arrest of a person who at that time and in his presence


(a)
Committed or attempted to commit a class A felony or murder; or


(b)
Is attempting to escape by use of a deadly weapon.


4.
The defendant shall have the burden of injecting the issue of justification
under this section.








Montana


Under Section 2 of the
Montana statute:


(1) Any
person who is not otherwise prohibited from doing so by federal or state law
may openly carry a weapon and may communicate to another person the fact that
the person has a weapon.


(2)
If a person reasonably believes that the person or another person is threatened
with bodily harm, the person may warn or threaten the use of force, including
deadly force, against the aggressor, including drawing or presenting a weapon.

Code:

(3)
This section does not limit the authority of the board of regents or other
postsecondary institutions to regulate the carrying of weapons, as defined in
45-8-361(5)(b), on their campuses.


In the
section dealing with citizen’s arrest, “A private person may arrest another
when there is probable cause to believe that the person is committing or has
committed an offense and the existing circumstances require the person’s
immediate arrest. The private person may use reasonable force to detain the
arrested person.”

Nebraska


29-402. Arrest by
person not an officer.






Any person not an officer may, without warrant, arrest any person,
if a petit larceny or a felony has been committed, and there is reasonable
ground to believe the person arrested guilty of such offense, and may detain
him until a legal warrant can be obtained.





Nevada


Nevada Revised Statue (NRS) 171.126 states, "a private
person may arrest another for a public offense committed or attempted in his
presence."





New Hampshire


P.C. §§ 834,
837: A private person may
make an arrest under the following circumstances:

• Whenever the person has reasonable (or probable) cause to
  believe the suspect has committed a crime, and
  
• Whenever a criminal offense has in
  fact been committed.
  

While a private person may be mistaken
as to who committed a particular crime, there is no room for error as to
whether a crime actually occurred.


Exception: P.C. §
490(f)(1): A merchant, library employee, or theater owner may
act upon probable cause that an offense is occurring in
detaining a shoplifter, book thief, or someone who is
attempting to operate a video recording device in a theater.


Note; the section refers to such a contact as a "detention,"
as opposed to an arrest.


Private persons, like police officers,
may summon others to assist in an arrest. (P.C. § 839) However, there is no penalty for a person
refusing to help.


The private person may delegate to a
peace officer his or her authority to actually perform the arrest for the
person. (People v. Sjosten (1968)
262 Cal.App.2nd 539.)


A private person making an arrest
must, without unnecessary delay, take the person arrested before a magistrate
or deliver him or her to a peace officer. (P.C. § 847)


In a domestic violence situation
(see P.C. §§ 13700 et seq.),
a peace officer must make a good faith effort to explain to
the victim/witness of his or her right to make a private person's arrest (P.C. § 836(b))


The provision that a peace officer
commits a felony should he or she refuse to take a subject who was arrested by
a private citizen, even when the officer determines that the arrest was made
without probable cause (P.C. § 142),
was amended with the addition of subd.
(c), which states that; "This section shall not apply to arrests
made pursuant toSection 837;"
i.e., a private person's arrest.


While taking a citizen's arrestee when
not supported by probable cause, as it was widely believed P.C. § 142 as previously written
required, would not subject the officer to any civil liability in state court (Kinney v. County of Contra Costa (1970)
8 Cal.App.3rd 761, 767-769.), the Ninth Circuit Court of Appeal
was of the opinion that the officer in such a situation would be subject to
federal civil liability. (Arpin
v. Santa Clara Valley Transportation Agency (9th Cir.
2001) 261 F.3rd 912, 924-925.) The addition of subdivision (c) eliminates that
conflict.


The Stale Misdemeanor Rule applies
to private person's arrests as well. (See Green v. Department of Motor Vehicles (1977) 68 Cal.App.3rd 536;
arrest made some 35 to 40 minutes after the observation held to be lawful; see
also Ogulin v. Jeffries (1953)
121 Cal.App.2nd 211; 20 minute delay; arrest lawful.)
(See below)


Note: P.C. § 836 is not restricted
by its terms to adults. There is no authority for the argument that
minors cannot also make citizen's arrests, or that the phrase "private
persons" is restricted to adults.





New Jersey


2A:160-22. Arrest of
accused without warrant
The arrest of a person may be lawfully made also by any peace officer or a
private person, without a warrant, upon reasonable information that the accused
stands charged in the courts of a state with a crime punishable by death or
imprisonment for a term exceeding 1 year, but when so arrested the accused must
be taken before a judge or magistrate with all practicable speed and complaint
must be made against him under oath setting forth the ground for the arrest as
in section 2A:160-21 of this title; and thereafter his answer shall be heard as
if he had been arrested on a warrant.





New Mexico


New Mexico has no statute on citizen's arrest. Instead, our
courts have continued to recognize the Common Law concept, ruling that a
private citizen can detain a fellow private citizen when there is at least
probable cause to believe that the fellow citizen has committed a felony-level
crime or a breach of the peace in his presence.






New York


The privilege of
Citizen's Arrest in New York is granted by statute to "any person,"
and is a right that a land-owner enjoys in addition to his privilege to use
force "in defense of premises." (PL s. 35.10(6)). Private persons may
only "arrest" those offenders who are in fact guilty of any
"offense" (e.g., Trespass PL s 140.05 or ECL 11-2113).


New York Penal Law,
sec. 35.30, titled "Justification; use of physical force in making an
arrest or in preventing an escape", provides:


"4. A private
person acting on his own account may use physical force, other than deadly
physical force, upon another person when and to the extent that he reasonably
believes such to be necessary to effect an arrest or to prevent the escape from
custody of a person whom he reasonably believes to have committed an offense
[in his presence] and who in fact has committed such offense; and [after giving
due notice of the grounds for the arrest] he may use deadly physical force for
such purpose when he reasonably believes such to be necessary to:


(a) Defend himself or
a third person from what he reasonably believes to be the use or imminent use
of deadly physical force; or (b) Effect the arrest of a person who has
committed murder, manslaughter in the first degree, robbery, forcible rape or
forcible sodomy and who is in immediate flight therefrom.





The Penal Law of the State
of New York combines justification and necessity into a single article, Article 35.
"Defense of Justification" comprises sections 35.05 through 35.30 of
the Penal Law. The general provision relating to necessity, section 35.05,
provides:


§ 35.05 Justification;
generally.


Unless otherwise limited by
the ensuing provisions of this article defining justifiable use of physical
force, conduct which would otherwise constitute an offense is justifiable and
not criminal when:


·
Such conduct is required or authorized by law or by a judicial
decree, or is performed by a public servant in the reasonable exercise of his
official powers, duties or functions; or


·
Such conduct is necessary
as an emergency measure to avoid an imminent public or private injury which is
about to occur by reason of a situation occasioned or developed through no
fault of the actor, and which is of such gravity that, according to ordinary
standards of intelligence and morality, the desirability and urgency of
avoiding such injury clearly outweigh the desirability of avoiding the injury
sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of
such conduct may not rest upon considerations pertaining only to the morality
and advisability of the statute, either in its general application or with
respect to its application to a particular class of cases arising thereunder.
Whenever evidence relating to the defense of justification under this
subdivision is offered by the defendant, the court shall rule as a matter of
law whether the claimed facts and circumstances would, if established,
constitute a defense.











North Carolina


According to North Carolina
legistlation:


§ 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.)





North Dakota


A private person may arrest another:



1. For a public offense committed or attempted in the
arresting person's presence.



2. When the person arrested has committed a felony,
although not in the arresting person's presence.



3. When a felony has been in fact committed, and the
arresting person has reasonable grounds to believe the person arrested to have
committed it.

Ohio


The arrest of an
accused without a warrant by any person,
upon probable cause to believe that a
felony has been committed and that the
person detained committed it. In Ohio,
a citizen's arrest is the only power of arrest conferred
on the general public. Law enforcement
officers have the same powers of arrest
without a warrant as any citizen. Law enforcement officers have the additional power to arrest without a warrant for misdemeanors,
and to execute arrest warrants issued
for any offense.





Oklahoma


The law says if you witness someone committing a crime, or
are certain that they have committed a crime, you have a right to make a
citizen's arrest. In fact, the law says citizens can form a posse and even kick
in windows or doors to make an arrest during a fresh pursuit. But citizens
can't serve warrants issued by a court.





Oregon


§ 133.225¹


Arrest by private person


(1)A private person
may arrest another person for any crime committed in the presence of the
private person if the private person has probable cause to believe the arrested
person committed the crime. A private person making such an arrest shall,
without unnecessary delay, take the arrested person before a magistrate or
deliver the arrested person to a peace officer.


(2)In order to make
the arrest a private person may use physical force as is justifiable under ORS 161.255 (Use of
physical force by private person making citizens arrest). [1973 c.836 §74]





Pennsylvania


§ 508. Use of force in law
enforcement.


(a) Peace officer's use of
force in making arrest.--


(1) A peace officer, or any person whom he has summoned
or directed to assist him, need not retreat or desist from efforts to make a
lawful arrest because of resistance or threatened resistance to the arrest. He
is justified in the use of any force which he believes to be necessary to
effect the arrest and of any force which he believes to be necessary to defend
himself or another from bodily harm while making the arrest. However, he is
justified in using deadly force only when he believes that such force is
necessary to prevent death or serious bodily injury to himself or such other
person, or when he believes both that:


(i) such force is necessary to prevent the arrest from
being defeated by resistance or escape; and


(ii) the person to be arrested has committed or
attempted a forcible felony or is attempting to escape and possesses a deadly
weapon, or otherwise indicates that he will endanger human life or inflict
serious bodily injury unless arrested without delay.


(2) A peace officer making an arrest pursuant to an
invalid warrant is justified in the use of any force which he would be
justified in using if the warrant were valid, unless he knows that the warrant
is invalid.





(b) Private person's use of
force in making arrest.--


(1) A private person who makes, or assists another
private person in making a lawful arrest is justified in the use of any force
which he would be justified in using if he were summoned or directed by a peace
officer to make such arrest, except that he is justified in the use of deadly
force only when he believes that such force is necessary to prevent death or
serious bodily injury to himself or another.


(2) A private person who is summoned or directed by a
peace officer to assist in making an arrest which is unlawful, is justified in
the use of any force which he would be justified in using if the arrest were
lawful, unless he knows that the arrest is unlawful.


(3) A private person who assists another private person
in effecting an unlawful arrest, or who, not being summoned, assists a peace
officer in effecting an unlawful arrest, is justified in using any force which
he would be justified in using if the arrest were lawful, if:


(i) he believes the arrest is lawful; and


(ii) the arrest would be lawful if the facts were as he
believes them to be.





(c) Use of force
regarding escape.--


(1) A peace officer, corrections officer or other
person who has an arrested or convicted person in his custody is justified in
the use of such force to prevent the escape of the person from custody as the
officer or other person would be justified in using under subsection (a) if the
officer or other person were arresting the person.


(2) A peace officer or corrections officer is justified
in the use of such force, including deadly force, which the officer believes to
be necessary to prevent the escape from a correctional institution of a person
whom the officer believes to be lawfully detained in such institution under
sentence for an offense or awaiting trial or commitment for an offense.


(3) A corrections officer is justified in the use of
such force, which the officer believes to be necessary to defend himself or
another from bodily harm during the pursuit of the escaped person. However, the
officer is justified in using deadly force only when the officer believes that
such force is necessary to prevent death or serious bodily injury to himself or
another or when the officer believes that:


(i) such force is necessary to prevent the apprehension
from being defeated by resistance; and


(ii) the escaped person has been convicted of
committing or attempting to commit a forcible felony, possesses a deadly weapon
or otherwise indicates that he will endanger human life or inflict serious
bodily injury unless apprehended without delay.





(d) Use of force to prevent
suicide or the commission of crime.--


(1) The use of force upon or toward the person of
another is justifiable when the actor believes that such force is immediately
necessary to prevent such other person from committing suicide, inflicting
serious bodily injury upon himself, committing or consummating the commission
of a crime involving or threatening bodily injury, damage to or loss of
property or a breach of the peace, except that:


(i) Any limitations imposed by the other provisions of
this chapter on the justifiable use of force in self-protection, for the
protection of others, the protection of property, the effectuation of an arrest
or the prevention of an escape from custody shall apply notwithstanding the
criminality of the conduct against which such force is used.


(ii) The use of deadly force is not in any event
justifiable under this subsection unless:


(A) the actor believes that there is a substantial risk
that the person whom he seeks to prevent from committing a crime will cause
death or serious bodily injury to another unless the commission or the
consummation of the crime is prevented and that the use of such force presents
no substantial risk of injury to innocent persons; or


(B) the actor believes that the use of such force is
necessary to suppress a riot or mutiny after the rioters or mutineers have been
ordered to disperse and warned, in any particular manner that the law may
require, that such force will be used if they do not obey.


(2) The justification afforded by this subsection extends to
the use of confinement as preventive force only if the actor takes all
reasonable measures to terminate the confinement as soon as he knows that he
safely can, unless the person confined has been arrested on a charge of crime.

Rhode Island


Any
person arrested without a warrant under the provisions of §§ 12-2-3 –
12-2-5 may be detained until a complaint can be made against him or her, and he
or she is taken upon a warrant issued upon the complaint; provided, that arrest
and detention without a warrant shall not continue longer than the space of six
(6) hours when the arrest is made between the hours of four o'clock (4:00) in
the morning and eight o'clock (8:00) in the evening, and when made at any other
hours the person arrested shall not be so detained after ten o'clock (10:00) in
the morning of the following day. The district court for the division in which
the person is detained shall have jurisdiction of the offenses specified in
§§ 12-2-3 – 12-2-5, and any person found guilty of those offenses shall be
fined not exceeding twenty dollars ($20.00).





South Carolina


SECTION 17-13-10. Circumstances
where any person may arrest a felon or thief.


Upon (a) view of a felony
committed, (b) certain information that a felony has been committed or (c) view
of a larceny committed, any person may arrest the felon or thief and take him
to a judge or magistrate, to be dealt with according to law.





SECTION 17-13-20. Additional
circumstances where citizens may arrest; means to be used.


A citizen may arrest a person in
the nighttime by efficient means as the darkness and the probability of escape
render necessary, even if the life of the person should be taken, when the
person:


(a) has committed a felony;


(b) has entered a dwelling house
without express or implied permission;


(c) has broken or is breaking
into an outhouse with a view to plunder;


(d) has in his possession stolen
property; or


(e) being under circumstances
which raise just suspicion of his design to steal or to commit some felony,
flees when he is hailed.





South Dakota

South Dakota Laws > Title 23A > Chapter 3 > § 23A-3-3 - Citizen's arrest Any person may arrest another: (1) For a public offense, other than a petty offense, committed or attempted in his presence; or (2) For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.

Tennessee


It has been held that a private
citizen has the right to arrest when a felony has been committed and he has
reasonable cause to believe that the person arrested committed it. Reasonable
grounds will justify the arrest, whether the facts turn out to be sufficient or
not. (See Wilson v. State, 79 Tenn. 310 (1833).





Texas


Texas Code of Criminal Procedure
Art. 14.01. [212] [259] [247] 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.

Utah


The law permits citizen's arrest, but explicitly prohibits
deadly force. (See Chapter 76-2-403.)





Vermont


13 VSA § 4954. Arrest without a warrant.


The arrest of a person may be lawfully made by an officer or a private citizen without
a warrant upon reasonable information that the accused stands charged in the
courts of another state with a crime punishable by death or imprisonment
for a term exceeding one year. When
so arrested, the accused shall be taken before a superior judge, assistant
judge of the superior court, or judge of a district court as soon as may be and
complaint shall be made against him under oath setting forth the ground for the
arrest as in section 4953 of this title; and thereafter his answer shall be
heard as if he had been arrested on a warrant. Amended 1965, No. 194, § 10,
operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9,
1974.





Virginia


A person can make a citizen arrest if in the presence of a
felony, but can be liable for false arrest.





Washington


Under Washington law, a private person can conduct a
citizen’s arrest for a misdemeanor if the misdemeanor: (1) was committed in the
citizen’s presence and (2) constituted a breach of the peace. State v.
Gonzales, 24 Wn. App. 437, 439, 604 P.2d 168 (1979); Guijosa v. Wal-Mart
Stores, 101 Wn. App. 777, 791, 6 P.3d 583 (2000).


A person can also conduct a citizen’s arrest for felonies.
See State v. Malone, 106 Wn.2d 607, 724 P.2d 364 at FN1 (1986) citing State v.
Miller, 103 Wn.2d 792, 698 P.2d 554 (1985) and State v. Gonzales, 24 Wn. App.
437, 604 P.2d 168 (1979).


RCW 10.04.020 provides for a citizen’s arrest at the
direction of a district court judge, as follows: Arrest -- Offense committed in
view of district judge. When any offense
is committed in view of any district judge, the judge may, by verbal direction
to any deputy, or if no deputy is present, to any citizen, cause such deputy or
citizen to arrest such offender, and keep such offender in custody for the
space of one hour, unless such offender shall sooner be taken from such custody
by virtue of a warrant issued on complaint on oath. But such person so
arrested, shall not be confined in jail, nor put upon any trial, until arrested
by virtue of such warrant.


While Washington has no statute concerning citizen’s arrests
generally, RCW 9A.04.060 provides that the common law is applicable where not
repugnant to the provisions of the state constitution or statutes. Gonzales, 24
Wn. App. at 439; State v. Miller, 103 Wn.2d 792, 795, 698 P.2d 554 (1985).





West Virginia


Nothing found.





Wisconsin


Citizen’s Arrest


- Common Law


- NO statutory
authority


- Strict Liability


- Permissable for:


- Breach of
the Peace


- Homicide


- Burglary


- Intoxicated
Driver


- Affray


- Assault in
Progress





Wyoming


7-3-214. Authority to
arrest person without warrant.


The arrest of a person may
be lawfully made by an officer or a private citizen without a warrant upon
reasonable information that the accused is charged in the courts of another
state with a crime punishable by death or imprisonment for a term exceeding one
(1) year. When arrested under this section the accused shall be taken before a
judge or magistrate as soon as possible and complaint shall be made against him
under oath setting forth the ground for the arrest as in W.S. 7-3-213.
Thereafter his answer shall be heard as if he had been arrested on a warrant.





7-3-215. Examination
of person arrested without warrant; commitment pending demand.


If from the examination
before the judge or magistrate it appears that the person held is the person
charged with having committed the crime alleged and that he probably committed
the crime, and, except in cases arising under


W.S. 7-3-206, that he has fled from justice,
the judge or magistrate shall commit him to jail by a warrant reciting the
accusation and specifying the time as will enable the arrest of the accused to
be made under a warrant of the governor on a requisition of the executive
authority of the state having jurisdiction of the offense, unless the accused
give bail as provided in W.S. 7-3-216, or until he shall be legally discharged.

thanks for then info Raven

No problem.

I've actually been looking for this for a while. Thank you.