Citizen’s Arrest: How To Do It

Under the law and in certain situations, private individuals can make an arrest without a warrant. Known as citizen’s arrest, ordinary people can either detain criminals on their own or direct police officers to detain those individuals. 

Image source:ABC News 

Private citizens have the power to make an arrest in the following circumstances: if the crime is being committed at night; if the crime being committed is punishable by at least three years of imprisonment; and if a person is attempting to escape from someone who is trying to make an arrest. 

In making a citizen’s arrest, one should inform the person that the act is being done for the specific crime in question and that they are being taken to the nearest police officer. If any witnesses are present, get them to help and ask for their names and contact details. If force is required, only reasonable force to overcome resistance should be given. Note, too, that there are no legal rights to search o seize anything from the person, or to question him or her. 

Aside from wrongful death lawsuits, a citizen’s arrest can potentially expose individuals to other kinds of tort liability if the arrest was not justified. While every citizen is empowered to arrest wrongdoers in certain circumstances, it is acting at one’s own risk and should meet the legal requirements for the arrest. 

Image source:MLive.com

Adam Quirk is an award-winning criminal justice professional with over 15 years of experience in investigations, regulatory compliance, team leadership and supervision, program initiation and development, and coalition-building. Learn more on his career here .