A Citizen’s Arrest in America

By Paul E Vallely, MG, US Army (Ret)

Making a citizen’s arrest in America is permissible under specific provisions. It may be time to consider what citizens must do to protect themselves and prevent criminal activity. Our police and sheriffs are stretched so thin today because of:

·        Defunding

·        Low enlistments

·        Recruiting and retention

·        Low morale

·        No confidence in prosecutors

·        Early release of criminal violators

·        No bail policies

If violators and criminals can rob, attack/assault, mob rush stores, and threaten harm or death to innocent persons at will, then armed and unarmed persons have the right to take legal action to protect themselves and others.

The elements to legally make a citizen’s arrest require the arresting citizen to:

·         Witness the crime as it takes place

·         Have probable cause or a reasonable belief that the individual committed the crime

·         Be as reasonably sure as a private citizen can be that the crime committed was a felony

·         Understand the responsibility and impact of making a citizen’s arrest

·         Determine whether it is safe to make the arrest

Making a citizen’s arrest can be risky for several reasons:

1.     Legal Consequences: If the arrest is unjustified or done improperly, you could face legal action for false imprisonment, assault, or other charges.

2.     Physical Harm: The person you are trying to arrest might resist, leading to potential physical confrontations and injuries.

3.     Misidentification: There’s a risk of arresting the wrong person, which can lead to severe legal and personal repercussions.

4.     Escalation: The situation could escalate quickly, potentially involving weapons or other dangerous elements.

5.     Liability: You could be held liable for any harm to the person you arrest or bystanders.

It is important to weigh these risks carefully and consider contacting law enforcement instead. Have you ever been in a situation where you thought about making a citizen’s arrest? Citizen’s Arrests: Legal Implications and Potential Consequences.[1]

While often portrayed in popular media, citizen arrests are a complex and nuanced area of law that varies significantly across jurisdictions. While some jurisdictions recognize and regulate citizen’s arrests, others strictly limit or outright prohibit them. This blog post explores the legality of citizen’s arrests, the potential consequences for those making such arrests, and how these actions may lead to civil and criminal litigation.

Legal Framework

The legal authority for citizen’s arrests stems from common law traditions, but it is important to note that statutes and case law determine the scope and limitations of such powers. In some jurisdictions, citizen arrests are permitted under specific circumstances, typically when a crime is committed in the presence of the person making the arrest. However, these circumstances can vary widely, and the legality of citizen arrests is not universal.

Consequences for Unauthorized Citizen’s Arrests

Engaging in a citizen’s arrest without proper legal authority can lead to serious consequences for the individual making the arrest. These consequences may include criminal charges such as assault, false imprisonment, or even manslaughter if the situation escalates and results in harm or death. Individuals must understand the specific legal requirements in their jurisdiction before attempting a citizen’s arrest.

Use of Force Considerations

The use of force in citizen’s arrests is a crucial aspect that can significantly impact the legal consequences. Most jurisdictions that permit citizen’s arrests also impose limitations on the use of force, emphasizing that only reasonable and necessary force may be used to detain an alleged perpetrator. Excessive force can lead to criminal charges and civil litigation, as well as potential claims of assault or battery.

Civil Litigation and Potential Lawsuits

Even if a citizen’s arrest is carried out within the bounds of the law, the individual making the arrest may still face civil litigation. The person being detained may choose to pursue a civil lawsuit against the arresting individual, alleging false imprisonment, assault, or other related claims. In such cases, the arresting individual may be held financially liable for damages suffered by the person they detained.

Criminal Charges and Defense

If a citizen’s arrest results in criminal charges, the person making the arrest must mount a legal defense. This can involve demonstrating that the arrest was made within the confines of the law, that the use of force was reasonable and necessary, and that the actions taken were in line with the jurisdiction’s specific legal requirements for citizen arrests.

While the concept of citizen arrests is deeply ingrained in legal history, the practical application of such powers is complex and jurisdiction-dependent. Individuals considering a citizen’s arrest should carefully research and understand the laws applicable in their area to avoid legal consequences. Engaging in unauthorized or excessive citizen arrests can lead to criminal charges, civil litigation, and significant legal challenges for those involved. Individuals must seek legal advice and exercise caution to ensure they do not inadvertently violate the law while attempting to uphold it.[2]

The shooting death of a Georgia man has thrust a complicated and often misunderstood legal tenet into the spotlight. The concept of “citizen’s arrest” is a common cultural trope, but it’s also at the center of the case of Ahmaud Arbery, a black man who was shot and killed after a pair of men pursued him with the alleged intent of making such an arrest.

While citizen’s arrest holds an important place in American history and community enforcement, the specifics are often hard to nail down and even harder for law officers and attorneys to enforce and litigate. Here’s what you need to know about what it really means to conduct a citizen’s arrest – and just as importantly, what it doesn’t mean.

What the law says about citizen’s arrests

Laws governing citizen’s arrests vary from state to state, and that’s the first problem in understanding what they entail. However, some commonalities exist: In general, citizen’s arrest laws let citizens detain someone if they have committed a crime. What kind of crime and what type of evidence someone needs to make a citizen’s arrest can vary.

What purpose do they serve

“States let people arrest other people who are committing crimes, which promotes good law enforcement,” says Michael Moore, a former US Attorney who now practices in Georgia. “It also eliminates the possibility that someone will be held liable if something happens after the fact.”

For instance, Moore says, if a citizen stops a purse snatcher in the act and the snatcher falls and breaks their arm, the citizen who stopped them cannot be held liable under citizen’s arrest laws.

Why laws can be hard to interpret

In Georgia, where Arbery was killed in February 2020, the state code at the time described the grounds for arrest by a private person like this:

“A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

Different laws—whether in state codes, precedents set by state court rulings, or some other common legal understanding—sometimes mention the use of force, as in New York state, where non-deadly use of force is specifically allowed. Other citizen’s arrest laws specify whether the law can be used for felony or misdemeanor crimes. Some also specify whether someone had to witness the crime being committed to pursue an arrest.

“There’s a lot of nuances, and these cases are very facts-specific,” Moore says. For instance, does “immediate knowledge” mean someone must see a crime being committed? Moore says if he were trying a case in Georgia, he would want to know what led to the arrest. “You would need to know: How are (the arresters) claiming that they had immediate knowledge of a felony being committed? Did they see something, hear something?”

Georgia Gov. Brian Kemp announced an overhaul of the state’s citizen’s arrest law in February 2021, a year after Arbery’s killing.

Under the new law, a detained offender must be released, or the person conducting the citizen’s arrest must call law enforcement within an hour. If authorities do not arrive within an hour, the detainee must be released, according to CNN affiliate WGCL-TV.

A provision is included prohibiting the use of force that is likely to cause death or great bodily harm to detain someone … unless the detention is to protect self, others, one’s habitation, or to prevent a forcible felony, WGCL reported.[3]

As we near the American elections, it is anticipated that riots and attacks on people will occur. We, the people, have the right to protect ourselves, our property, and others from danger when criminals run unrestrained.

Distributed by: The Stand Up America US Foundation, www.standupamericaus.org

Contact for interviews: suaus1961@gmail.com

[1] December 7, 2023 by Marie J. Wilson

[2] Smart Rules

[3] AJ Willingham CNN News11.10.2012

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