Gavin Howe
Citizen's arrest laws allow everyday people to make an arrest. While the laws vary in different countries and states, there are some commonalities. For example, in most states, citizens can make arrests for minor crimes or misdemeanors only if they actually witnessed the crime being committed, and if it is considered a breach of peace, such as fighting in public. Citizens are generally allowed to use a reasonable amount of physical force to stop the crime and prevent the suspect from fleeing. However, the use of deadly force is prohibited in most states unless the citizen has reasonable grounds to believe that they or someone else are facing the threat of serious bodily harm.
| Characteristics | Values |
|---|---|
| Countries that allow citizen's arrest | Austria, Brazil, Canada, France, Germany, Australia, the United States, and more |
| Requirements for citizen's arrest | Witnessing the criminal behavior, reasonable suspicion, probable cause, etc. |
| Citizen's arrest liability | Civil and criminal liability, false imprisonment, wrongful arrest, use of force, etc. |
| Citizen's arrest law variations | State-specific laws, such as Georgia's repealed citizen arrest statute |
| Citizen's arrest power | Granted by federal and/or state legislation, with variations in power and requirements |
| Use of force | Limited to a reasonable and necessary amount, with potential liability for excessive force |
| Citizen's role | Holding the lawbreaker until police arrive, similar to aiding law enforcement |
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What You'll Learn
Citizen's arrest laws vary by state
In most states, any "person" or "private person" can make a citizen's arrest, regardless of their citizenship status or age. However, citizens' arrests are subject to fewer constitutional requirements than arrests by law enforcement officers, and individuals who conduct them may be held civilly and criminally liable if the arrest is not justified or if excessive force is used.
The amount of force used during a citizen's arrest must be reasonable and necessary to make the arrest. Deadly force is generally prohibited unless the person making the arrest or someone else is faced with a serious threat.
The laws and requirements for citizens' arrests vary by state, and individuals should be aware of the specific laws in their state before attempting to make a citizen's arrest.
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Citizen's arrest powers in other countries
Citizens' arrest laws are an exception to the general rule that only law enforcement officers can make arrests. While the laws and requirements vary across different states and countries, citizens' arrests are generally permitted in certain circumstances.
In Canada, citizens' arrests are permitted under the Citizen's Arrest and Self-Defence Act. This allows citizens to make arrests without a warrant when a reasonable amount of time has lapsed between the commission of a property-related offence and the arrest.
In Australia, the power to make a citizens' arrest is granted by both federal and state legislation, although the exact power granted differs depending on the jurisdiction. For example, in the state of New South Wales, anyone who is not a police officer has the power to arrest. However, citizens must act reasonably and proportionately when making an arrest, or they may face legal consequences such as civil claims or criminal charges.
In England and Wales, citizens' arrest powers are derived from Section 24A(2) of the Police and Criminal Evidence Act 1984, which states that "any person" has these powers, regardless of their citizenship status. However, citizens must have “reasonable grounds” for making an arrest and use only a reasonable and necessary amount of force to detain the suspect until law enforcement arrives.
In France and Germany, citizens can stop a criminal from committing a crime, including crimes against belongings, without criminal responsibility, as long as the means employed are proportional to the threat. This is based on the legal norm of "aid to others in immediate danger," which focuses on crime prevention rather than prosecution.
In Brazil, federal law allows citizens to arrest suspects found in flagrante delicto or fleeing from the crime scene. Citizens must verbally explain their actions to the arrestee, call the police, and wait for their arrival. However, if the facts cannot be verified, the person making the arrest may face legal consequences.
In the Republic of Ireland, citizens can make arrests for felony or breach of the peace, and "any person may arrest" those committing specific offences such as making off without payment or property damage.
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Liability for false arrest
False arrest, also known as false imprisonment or wrongful arrest, occurs when someone unlawfully restrains, holds against their will, or takes another person into custody without legal authority or justification. Both private persons and law enforcement agents can commit this crime.
In the context of a citizen's arrest, a false arrest can occur when an individual detains another without probable cause or a reasonable belief that the person has committed or is about to commit a crime. For example, if a private citizen accuses someone of shoplifting and uses force to restrain them without witnessing the act or having reasonable grounds, they may be liable for false arrest or imprisonment.
The consequences of false arrest can include civil and criminal liability. Those who are falsely arrested may sue for damages in a civil lawsuit, alleging violations of their civil rights, battery, or false imprisonment. The specific penalties for false arrest vary across different states in the US.
It is important to note that the use of force during a citizen's arrest should be reasonable and necessary. If an individual uses deadly force during a citizen's arrest and does not comply with state law, they may face criminal charges and civil lawsuits.
To avoid liability for false arrest, citizens should ensure they have probable cause, only use reasonable force, and comply with applicable laws and requirements when conducting a citizen's arrest.
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Requirements for a citizen's arrest
In the US, a private person can stop or "arrest" an individual engaged in a serious crime. They can use reasonable force to hold them until law enforcement arrives on the scene. This is known as a "citizen's arrest". It is important to note that citizens can only make arrests for misdemeanors if the misdemeanor involves a breach of the peace.
In Canada, a citizen's arrest can be made in circumstances where a "reasonable" amount of time has lapsed between the commission of a property-related offence and the arrest.
In Brazil, a citizen can arrest a suspect criminal found in flagrante delicto or fleeing from the crime scene. The person must have the physical power to keep the suspect detained, must verbally explain what they are doing to the arrestee, and must call the police. Both must wait for the arrival of the police. The person making the arrest must sign the police forms as a witness and explain the facts.
In France, a person stopping a criminal from committing a crime, including crimes against belongings, is not criminally responsible as long as the means employed are in proportion to the threat. French law allows any civilian to arrest a person caught in flagrante delicto committing a felony or misdemeanor punishable by a jail sentence, with the obligation to immediately bring that person before the nearest police officer.
In Germany, a citizen's arrest can be made if the arrestee is caught in flagrante delicto and either their identity cannot be established immediately or they are suspected of trying to flee. The person making the arrest is allowed to hold the arrestee solely for the purpose of turning them over to a proper legal authority such as the police. German law does not establish that the crime has to be serious, and the use of force is authorized but must be proportional to the circumstances and the suspected crime.
In Italy, any private citizen can arrest another person, provided they are caught "in flagranza di reato" (in flagrante delicto) and the felony they are caught committing includes mandatory arrest by the police. The person making the arrest is legally required to hand the arrested person over to the police.
In Poland, anyone has the right to apprehend a person caught in the act of committing an offence, or seized in a pursuit undertaken directly following the commission of an offence, if it is feared that such a person may go into hiding or if their identity cannot be established. The apprehended person should be surrendered to the police without delay.
In Portugal, one is not civilly liable for restraining another person as long as one has used proportional force in order to defend themselves or someone else or anyone's property.
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History of citizen's arrest in the US
The concept of a citizen's arrest dates back to medieval England and English common law, in which sheriffs encouraged ordinary citizens to help apprehend lawbreakers. The practice was transported to the Americas and became an important tenet of the early Anglo-American ideal of liberty.
The Statute of Winchester in 1285, enacted by King Edward I, instructed citizens to join the "Night Watch" and take part in "hue and cry"—public outcry and pursuit—when a fellow citizen was suspected of a crime, "until they be taken and delivered to the sheriff". This community justice became an important part of keeping law and order in England, when it was impossible for "peace officers" to enforce the law alone.
In the United States, citizen's arrests have a dark history. Originally, only white men could make citizen's arrests. By the mid-1600s, militias and city watchmen, especially in the South, used that power to intimidate and terrorize enslaved and free Black communities. This practice continued through the Civil War, the Jim Crow era, and even into the 1900s, with vigilantes engaging in heinous abuses, including lynchings.
In modern times, citizen's arrest laws vary from state to state in the US, making them hard to interpret. In general, they allow a citizen to detain someone if they have committed a crime, but the type of crime and the evidence needed to make an arrest can vary. Most states allow citizens to make arrests for minor crimes or misdemeanours only if they actually saw the person commit the crime. For felonies, citizens are usually allowed to make an arrest even if they didn't see the crime take place.
The use of force during a citizen's arrest is also a point of contention, with some states allowing non-deadly force and others permitting deadly force in certain situations. The ambiguity of citizen's arrest laws and the potential for abuse have led to calls for restrictions on the scope of the doctrine.
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Frequently asked questions
Citizen's arrest laws allow everyday people to make an arrest. This means holding the lawbreaker in place until the police arrive and take over.
Citizen's arrest laws vary in different states in the US. Generally, a private person may arrest without a warrant in a felony case if the felony has actually been committed and they have reasonable grounds for believing that the person they are arresting committed it. However, if the alleged crime did not happen, the person making the arrest could become civilly and criminally liable.
Reasonable grounds for a citizen's arrest include witnessing a person commit a felony or a misdemeanor that is considered a breach of peace, such as fighting in public.
