What are the laws governing "citizen's arrest" in your state?

[derby378]

Just curious - I have no idea if Texas law permits it or not, for starters.

[C_U_L8R]

1. Citizen's Arrest !! Citizen's Arrest !!

[happyslug]

3. As the previous poster says, Citizen arrest is restricted to Felonies.

On the other hand, you can file a Private Criminal Action for any summary offense or Misdemeanor. Some states still permit you to even bring FELONY Charges against a person (Through this is restricted in Most states, in fact recently the State Legislature of Pennsylvania forbade private criminal complaints when it comes to Murder).

Note I am discussing Private Criminal Complaints, i.e. where you go to your local Justice of the Peace and file a charge against someone. Citizen Arrest occurs only where there is a good prospect that the criminal will NOT appear for trial (i.e. when he or she has committed a felony which under the common law could lead to a sentence of death or imprisonment of one year or longer).

Furthermore, any citizen who arrests someone must justify the arrest. The classic situation is where you saw the person do the felony. In all cases the burden to justify the arrest is on the person making the Arrest, you have to show you had just cause to make the arrest, if NOT you are liable for false imprisonment or maybe even Kidnapping.

An additional factor is if a Police Officer told you to watch someone, under the law in most states you have the legal obligation to obey any police officer unless the officer tells you to do something that will end up in death or great bodily injury (Which most officers will NOT tell you to do for they are liable in such situations). This is extend to even violating any law, except if the action will lead to lead to death or great bodily injury (and against he officer would be liable so is just not done).

Thus unless saw the incident yourself OR an officer tells you to watch someone, you should NOT make a Citizen arrest. If you saw the crime, you can only arrest if it is clearly a felony (For example you can not hold someone for trespassing on your property for that is merely a summary offense, but if that person broke and entered your home that is a felony and you can arrest him or her).

Now the State legislature has expanded what is a felony, but the real concern is will the person skip rather than wait for law enforcement to arrest him or her. If you believe the person will not skip the jurisdiction or you know who it is and where he oe she will go I would advise AGAINST making a citizen arrest. The real concern is flight of a felon, NOT arrest per se. If not a flight risk, no need to make an arrest, if a flight risk an arrest should be made.

[Ian David]

2. See this article...

http://www.constitution.org/grossack/arrest.htm