For example, if you see a person use a knife to stab another person, you’ve seen a crime and can detain the perpetrator.
Murder, rape, or assault resulting in bodily injury Theft of more than $500 worth of property Indecent exposure before a child Hit and run Arson
If you arrest someone for committing a crime that falls into this category, you must have seen the crime firsthand.
Remember to think hard before making a citizen’s arrest, especially if the perpetrator is armed.
If it turns out you didn’t have grounds to make the arrest, you could be sued for false imprisonment, assault and battery and other torts. [10] X Research source You may also face criminal charges. Don’t make a citizen’s arrest unless you’re willing to face these risks.
In some states you must communicate to the individual the specific criminal offense for which the individual is being arrested for. Leave it to the police to read the person his or her rights. For now, you only need to say that you’re making an arrest.
But, if you try to transport a suspect on your own and you conducted an improper citizen’s arrest, you may be subjected to a lawsuit for false imprisonment.
The third party may be helpful in making sure the encounter doesn’t get violent and might be able to serve as a witness.
Depending on your state, transporting an individual away from the scene of the crime may constitute kidnapping or criminal confinement, regardless of whether you have lawful grounds for citizen’s arrest.
For example, just because you see a crowd of people chasing a suspect or a victim asking for help, doesn’t necessarily mean you have grounds to arrest someone.
Don’t use a weapon against the perpetrator when you can use your own strength. [17] X Research source For example, you can tackle someone to the ground rather than hitting him or her.
Your actions may also be viewed as vigilantism, which is not legally protected action if you step beyond the authority explicitly granted to citizens by the law.
