Who Can Arrest A Cop?

The concept of a citizen's arrest is an intriguing aspect of the law, allowing private citizens who are not sworn law enforcement officials to detain another individual. While this practice dates back to medieval England, it still raises questions today, especially when it comes to the interaction between citizens and law enforcement officers. So, can a citizen place a law enforcement officer under arrest? The answer is not straightforward and depends on various factors, including the jurisdiction and the nature of the alleged offense. While some sources suggest that citizens can legally arrest officers for felonies, others highlight the practical challenges and potential dangers of attempting to do so.

Can a citizen place a law enforcement officer under arrest?

Citizens' arrest laws

United States:

In the United States, citizens' arrest laws vary by state, but most states allow any "person" or "private person" to make an arrest. However, it is important to note that these laws typically apply only if the person committed a crime, and the individual making the arrest must have witnessed the crime or have reasonable grounds to believe the person committed the offense. Citizens' arrest laws do not grant investigative powers, and excessive force or unlawful restraint can result in criminal charges or lawsuits.

United Kingdom:

In England and Wales, citizens' arrest powers are granted under Section 24A(2) of the Police and Criminal Evidence Act 1984, which states that "any person" has these powers without requiring British citizenship. Additionally, Section 3 of the Criminal Justice Act 1967 allows any person to apprehend an individual unlawfully at large, such as an offender who has escaped from custody.

Australia:

In Australia, citizens' arrest laws vary by state and have evolved over time. Previously, under Section 47 of the Police Act 1892, any person could arrest without a warrant those engaging in disorderly behavior or committing theft. However, in 2004, this provision was repealed due to the vague terminology used in the law. Currently, citizens' arrest powers in Western Australia are outlined in Section 25 of the Criminal Investigation Act 2006, and the Criminal Code of the Northern Territory grants any person the authority to arrest another if they have reasonable grounds to believe the person has committed an offense.

Other Countries:

• Russia: Russian law allows any person to arrest someone committing a crime under Articles 37 and 38 of the Criminal Code and the Ruling of the Plenum of the Supreme Court of Russia (2012). The arrest must be carried out with minimal necessary force, and the arrestee must be surrendered to the police without delay.
• Serbia: Serbian law permits citizens' arrests for offenses committed in the presence of the individual making the arrest, provided that the police are notified.
• Austria: In Austria, citizens' arrests can be made under § 80 Abs 2 StPO (code of penal procedures). The person making the arrest can hold the arrestee temporarily to turn them over to the police.
• Brazil: Brazilian federal law allows any person to arrest a suspect caught committing a crime or fleeing the scene. The arrester must verbally explain their actions, call the police, and sign the police forms as a witness.
• Canada: The Citizen's Arrest and Self-defence Act of 2012 amended the Criminal Code provisions, allowing citizens' arrests in circumstances where a reasonable amount of time has passed since the commission of a property-related offense.

Citizens' powers to arrest law enforcement

Citizens' arrest powers vary across different countries and states. In most countries, citizens' arrest laws only apply if the person committed a crime. Citizens can use a reasonable amount of physical force to ensure that the lawbreaker stops committing the crime and cannot escape. However, if a citizen mistakenly arrests someone who did not commit a crime, the person arrested can sue the citizen for assault or false imprisonment. Therefore, it is recommended that citizens call the police and be a good witness instead of attempting to make a citizens' arrest.

In the United States, citizens' arrest laws vary by state. For example, in Virginia, the statute only permits warrantless arrests by officers listed in the Code, but Virginia courts have upheld warrantless arrests by non-law enforcement personnel for breach of peace misdemeanors. In Georgia, the citizens' arrest law was repealed and replaced with a narrower law applying only to business owners, inspectors, security guards, and private investigators. In South Carolina, citizens' arrest laws apply only if the person actually committed a crime, and the arrester must bring the detainee into the custody of law enforcement.

In Australia, citizens' arrest laws also vary by state. In the state of New South Wales, the power to arrest is granted to anyone who is not a police officer. However, if a citizen arrests a suspect in a manner disproportionate to the likely harm to the victim and in clear defiance of the suspect's rights, the court will likely find in favor of the suspect. In Western Australia, citizens' arrest powers are outlined in Section 25 of the Criminal Investigation Act 2006 (WA).

In the Republic of Ireland, citizens' arrest laws are derived from English law, which inherited the common law power for private individuals to arrest for felony or breach of the peace. However, the Criminal Law Act 1997 abolished the distinction between felonies and misdemeanors, instead distinguishing between "arrestable" and "non-arrestable" offenses. Arrestable offenses are those punishable by at least five years' imprisonment, and private individuals may arrest those who have committed or are about to commit such offenses.

In Russia, any person is allowed to arrest someone in the act of committing a crime under Articles 37 and 38 of the Criminal Code of Russia and the Ruling of the Plenum of the Supreme Court of Russia of 27 September 2012. The arrest must be carried out with minimal necessary force, and the arrestee must be surrendered to the police without delay. Similarly, in Serbia, anyone can arrest someone in the act of committing a crime that would otherwise be pursued officially, provided that the police are notified.

Citizens' liability when arresting

Citizens' arrests are a legally recognised practice in many countries, including the US, Australia, Russia, Serbia, France, and Germany. While the laws vary by jurisdiction, there are some commonalities. In most places, citizens' arrests are only lawful if the person arrested has actually committed a crime. If a citizen makes an arrest based on suspicion, and that suspicion is incorrect, they may be sued for false imprisonment, unlawful restraint, kidnapping, or wrongful arrest.

In the US, citizens' arrests are lawful in all states, but the specific laws vary by state. In California, for example, citizens are permitted to make arrests if they witness a misdemeanor or felony crime or have reasonable cause to believe someone committed a felony. Citizens must inform the person they are arresting and provide a reason for the arrest. Citizens in California are advised to call 911 as soon as possible and keep the operator on the phone until police officers arrive. Citizens are also advised to avoid using force unless it is necessary to prevent the arrestee from fleeing. If a citizen uses an unwarranted or excessive amount of force, they may be exposing themselves to civil or criminal liability.

In Australia, citizens' arrests are lawful, but citizens must act reasonably and proportionally. For example, a property owner who arrests a thief in a manner disproportionate to the likely harm to the victim, and in clear defiance of the rights of the suspect, may find themselves facing legal repercussions.

In Russia, any person is allowed to arrest someone in the act of committing a crime, provided the person performing the arrest is certain that the crime has been committed. The arrest must be carried out with as little force as is required, and the arrestee must be handed over to the police without delay.

In Serbia, the law is similar to Russia, with citizens permitted to arrest someone in the act of committing a crime, provided the police are notified.

In France and Germany, a person stopping a criminal from committing a crime is not criminally responsible, as long as the means employed are in proportion to the threat.

Citizens' use of force when arresting

Citizens' arrest laws vary across the world. In the United States, for instance, citizens' arrest laws apply only if the person committed a crime. In most states, any "person" or "private person" can make a citizen's arrest, though the specific conditions vary by state. In Australia, citizens' arrest powers are now in section 25 of the Criminal Investigation Act 2006 (WA). Under section 441(2) of the Criminal Code of the Northern Territory, any person can arrest another person if they believe on reasonable grounds that the offender has committed an offence. In Russia, any person is allowed to arrest someone in the act of committing a crime, provided that the person making the arrest is certain that the arrestee has committed a crime.

When making a citizen's arrest, it is important to remember that citizens can be held liable for using excessive force. Citizens are usually allowed to use a reasonable amount of physical force to ensure that the lawbreaker stops committing the crime and cannot escape. However, it is recommended to avoid using force if possible, as there is a danger of making a mistake about what the person did and whether it was a crime. Most people are not trained or equipped to arrest someone safely and are rarely backed up by law enforcement.

The right to use force differs between private citizens and police officers. Police officers are allowed to use force based on reasonable belief, and their actions will be vindicated even if those beliefs turn out to be wrong. In contrast, private citizens must be correct about the person they are trying to arrest. The use of non-deadly force by a private citizen is justified if a felony was committed, the citizen reasonably believed that the person they were arresting committed it, and the citizen used no more force than reasonably appeared necessary to bring about the arrest.

Deadly force is typically only permitted in situations where the crime involved the use or threatened use of deadly force, or if there is a substantial risk that the suspect would seriously harm or kill someone else if the arrest was delayed. If a private citizen uses deadly force on a suspect, and it turns out that the suspect did not commit a felony, the citizen's actions will not be justified, even if their belief was reasonable.

Citizens' arrest vs police arrest

Citizen's arrest laws vary across different countries and states. However, a citizen's arrest generally refers to an arrest made by a private citizen, in contrast to an arrest typically made by a police officer. In most countries, the person making the arrest need not be a citizen of the country in which they are acting. For instance, in England and Wales, any person, regardless of citizenship, can make an arrest.

Citizen's Arrest

A citizen's arrest is lawful in certain limited situations, such as when a private citizen personally witnesses a violent crime and then detains the perpetrator. In most states, citizen's arrest laws apply only if the person has actually committed a crime. If a citizen makes a mistake by arresting someone who didn't commit a crime, the person arrested can sue the citizen for assault, false imprisonment, or wrongful arrest. Citizens are usually allowed to use a reasonable amount of physical force to ensure that the lawbreaker stops committing the crime and cannot escape.

Police Arrest

Police officers need "probable cause" to arrest someone, which is the legal standard for how sure an officer needs to be that a person has committed a crime. As long as an officer meets this standard, they won't get in trouble, even if they are ultimately mistaken about the person committing the crime. When police make an arrest, they typically handcuff the subject and transport them in a secure vehicle to a booking facility, such as a county jail.

Examples of Citizen's Arrest Laws in Different Countries

• In France and Germany, a person stopping a criminal from committing a crime is not criminally responsible as long as the means employed are in proportion to the threat.
• In Russia, any person is allowed to arrest someone committing a crime if they are certain that the person has committed that crime.
• In Brazil, a federal law allows any person to arrest a suspect criminal found in flagrante delicto or fleeing the crime scene, but the person must have the physical power to detain the suspect and call the police.
• In Australia, the power to arrest is granted by both federal and state legislation, but the exact power granted differs depending on the jurisdiction.

Frequently asked questions