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Citizen’s Arrest: How To Do It
Citizen’s Arrest: How To Do It
Published on January 10, 2018
Under the law and in certain situations, private individuals can make an arrest without a
warrant. Known as citizen’s arrest, ordinary people can either detain criminals on their
own or direct police officers to detain those individuals.
Image source:ABC News
Adam Quirk - MCJ, MBA
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Private citizens have the power to make an arrest in the following circumstances: if the
crime is being committed at night; if the crime being committed is punishable by at least
three years of imprisonment; and if a person is attempting to escape from someone who
is trying to make an arrest.
In making a citizen’s arrest, one should inform the person that the act is being done for
the specific crime in question and that they are being taken to the nearest police
officer. If any witnesses are present, get them to help and ask for their names and
contact details. If force is required, only reasonable force to overcome resistance should
be given. Note, too, that there are no legal rights to search o seize anything from the
person, or to question him or her.
Aside from wrongful death lawsuits, a citizen’s arrest can potentially expose individuals
to other kinds of tort liability if the arrest was not justified. While every citizen is
empowered to arrest wrongdoers in certain circumstances, it is acting at one’s own risk
and should meet the legal requirements for the arrest.
Image source:MLive.com
Adam Quirk is an award-winning criminal justice professional with over 15
years of experience in investigations, regulatory compliance, team leadership
and supervision, program initiation and development, and coalition-
building. Learn more on his career here .
Adam Quirk - MCJ, MBA
Expert investigator. 17+ years conducting background checks & criminal investigations for the FBI & D…
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