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Legal Definitions - citizen's arrest
Definition of citizen's arrest
A citizen's arrest refers to the act of a private individual, who is not a police officer or other authorized law enforcement agent, detaining another person suspected of committing a crime. This power is a limited exception to the general rule that only official authorities can make arrests. State laws typically define the precise circumstances under which a private citizen may lawfully make an arrest, often requiring that the citizen personally witness a serious crime or have strong evidence that a felony has been committed.
Here are some examples illustrating a citizen's arrest:
Example 1: Witnessing a Violent Crime
While walking through a park, Maria sees a man forcefully snatch a purse from an elderly woman, causing her to fall. The man then attempts to flee. Maria, witnessing the entire incident, chases after him, tackles him, and holds him down until police arrive.Explanation: This is a classic example of a citizen's arrest because Maria, a private citizen, directly witnessed a violent felony (robbery) being committed. Her actions to detain the perpetrator immediately after the crime, preventing his escape, fall within the scope of what many state laws permit for a citizen's arrest.
Example 2: Detaining a Shoplifter of High-Value Goods
David, a security guard (who is not a sworn police officer) at a jewelry store, observes a person attempting to smash a display case and grab several expensive watches. David intervenes, physically restrains the individual, and holds them until uniformed police officers arrive.Explanation: Even though David is a security guard, he is still a private citizen in this context, not a police officer. He directly witnessed a serious crime (attempted grand theft or vandalism, likely a felony given the value of the items) occurring in his presence and acted to prevent its completion and ensure the suspect's apprehension. This illustrates a citizen's arrest in a commercial setting.
Example 3: Suspected Felony Based on Strong Evidence
Sarah is at home when she hears a loud crash and screams from her neighbor's house. She looks out her window and sees a person she doesn't recognize running from the neighbor's back door, carrying a large, distinctive painting. Sarah knows her neighbor owns that specific painting and immediately suspects a burglary. She runs outside, confronts the person, and manages to hold them until the police, whom she had already called, arrive.Explanation: In this scenario, Sarah did not witness the *entire* burglary unfold, but she observed strong circumstantial evidence (the crash, screams, person fleeing with a valuable item known to belong to the neighbor) that a felony (burglary) had just occurred. Her actions to detain the suspect, based on reasonable cause to believe they committed the felony, could be considered a lawful citizen's arrest in jurisdictions that allow for such actions even when the felony wasn't committed *entirely* in the citizen's presence.
Simple Definition
A citizen's arrest is the detention of an individual by a private person, rather than a law enforcement officer, who suspects them of committing a crime. This action is legally permissible under specific, limited circumstances, typically when the private citizen witnesses a public offense or felony being committed, or has reasonable cause to believe the arrested person has committed a felony.