Citizens are constitutionally mandated to arrest Persons breaking law

If someone is robbing a bank, stealing a purse, driving more than the posted speed limit, using illegal drugs, and a host of other crimes, yes… you are allowed to arrest them.

Private citizens can make an arrest of another person without an arrest warrant for a felony, a misdemeanor, or for a “breach of the peace.

In the case of misdemeanor crimes (less serious crimes), states almost universally require that the crime is committed in your presence before you are authorized to make an arrest.

In the case of a felony crime (more serious), an arrest can be made by a private individual, even if not seen by the would-be cop, if there is reasonable cause for believing the person arrested committed the crime. Warning here – if the crime is not a felony, the person arrested can sue for false arrest.

Before you put on your fake badge — actually, you should never put on a badge, as pretending to be a police officer is against the law — you should know a few of the ins and outs of being a cop for a day.

An arrest is actually a detention. It means you are taking physical custody of someone else and preventing him or her from leaving. This undertaking may involve the use of force. The general rule for using force is that only that amount of force that is reasonable and necessary to make the arrest is allowed. What exactly that amount of force is in any situation is ultimately up to a court to decide.

The use of deadly force is rarely acceptable. Beyond the mistaken use of deadly force, even using “excessive” force can expose the arrestor to civil and criminal liability. Deadly force will be allowed if the person making the arrest, or someone else, is faced with the threat of serious bodily injury, or death. The arrestor may use deadly force to prevent harm to himself, herself or others.

Warning: using deadly force that causes death could result in manslaughter or murder charges. An added problem could well be a civil wrongful death lawsuit by the decedent’s survivors.

Generally, there is a justification for using non-deadly force upon another if:

The other person is committing a felony;
The force used is necessary to prevent further commission of the crime and to apprehend the offender.
The force used, again, must be reasonable under the circumstances to restrain the individual arrested.

How do you arrest someone? Carefully. You should be physically bigger or stronger than the person to be arrested. You may not use deadly force, meaning a weapon, unless the situation involves defending yourself or another person. You may not beat someone unconscious for stealing an apple.

Consider alternatives. Call the police. Take a photograph of the criminal with your mobile telephone. Get others to assist you with the arrest.

Do you want to try to arrest someone? Consider their psychological demeanor. There is a high likelihood the individual you are about to arrest is not going to be calm about it. Ever hear about the 90-pound woman who lifted a car to free her trapped child? Criminal types committing crimes are going to have more adrenalin pumping, rendering them able to do physical things beyond their normal expected capabilities.

Are you sure about what you have seen and what you know? Criminal and civil consequences, as discussed, can visit you if you are wrong.

The phrase heard often in our society that “people do not want to get involved” does not necessarily mean those people do not want to make citizen arrests. You can, and you should get involved if you see a crime being committed, or know of a crime and the identity of the criminal. Caution is a good practice however, before you commit to the actual arrest attempt.