Citizen’s Arrest: Questions and Answers

During my many years as a Police Officer, community members have always asked the question; “how can I make a citizen’s arrest”?

I have listed some of the most common questions asked and my responses.  The helpful tips, information and safety precautions will help you understand how to make a citizen’s arrest:

Q: what exactly is a citizen’s arrest?

A: a citizen’s arrest, also referred to as, private person’s arrest, is an arrest made by a civilian who apprehends or detains a person who is about to commit or has committed a suspected crime. 

Q: who can make a citizen’s arrest?

A: any private person with or without any formal training, authority or certification can make a citizen’s arrest.

Q: when can I make a citizen’s arrest?

A: in general, all States permit citizen’s arrest when civilian witnesses a crime.  State laws are not uniform when it comes to citizen’s arrests, and you are encouraged to learn your State law.  It would be safe to say that a private person can make a citizen’s arrest at the time when he/she witnesses a crime or witnesses a crime about to happen.   

Q: how do I make a citizen’s arrest?

A: A citizen’s arrest can be made a few ways.  For example, security guards or store employees are private persons, and they have the right, as does any other private citizen, to apprehend, detain and arrest a shoplifter, thief or criminal committing any crime in their presence or are in the act of a crime about to happen.

The most common way citizen arrests are made is to call the Police and lead the Police to the suspect who has committed the crime.  For example, if you witness any crime or someone is disturbing your peace or trespassing on your property you call the Police and tell them where the suspect is, and that you want to make a citizen’s arrest.  If the crime is a Misdemeanor then in some States you will most likely have to sign a citizen’s arrest form as the person making the arrest since the Misdemeanor was not committed in the presence of the Police.  The Police will take the person into custody and when there are any Court proceedings, you will have to testify as the one making the arrest.