Citizen’s arrests
Citizen's arrests refer to the authority of private individuals to detain someone suspected of committing a crime, usually a felony or a breach of the peace, typically occurring in the arresting citizen's presence. Rooted in English common law and established in the Statutes of Winchester in 1285, these laws have evolved over time, particularly in the United States, where they have been significantly restricted to prevent abuse, such as bounty hunting. Each state has its own regulations governing citizen's arrests, with some allowing them strictly for felonies and others extending to misdemeanors, often requiring the arresting citizen to have reasonable cause.
In practice, citizen's arrests are frequently carried out not by everyday citizens but by employees in security roles, such as store guards and postal inspectors, who are formally recognized under these laws. Importantly, those making arrests must turn over the detained individual to law enforcement as soon as possible. The use of physical force during these arrests varies by state, with deadly force generally limited to self-defense or the defense of others. Despite the legal framework allowing citizen's arrests, many police departments advise against them due to the risks involved, leading to a rise in community initiatives like neighborhood watch programs aimed at enhancing safety in high-crime areas.
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Citizen’s arrests
SIGNIFICANCE: Citizen’s arrests allow private citizens to detain criminals either for committing felonies or breaches of the peace; they also allow law-enforcement officials to call for the assistance of citizens in making arrests.
The concept of citizen’s arrests has its roots in English common law, formalized in the Statutes of Winchester in 1285. During the first century of United States history, citizen’s arrests were abused for individual self-interest, such as bounty hunting , causing most states to restrict citizen-arrest laws in the nineteenth century. Some of these restrictions limited citizen’s arrests by making citizens responsible for wrongful arrests and by placing boundaries on ways of getting information that led to arrests. In Aguilar v. Texas (1964), for example, restrictions were placed on the use of citizen informers: The informant must be reliable and credible, and the informant’s information has to be corroborated. In addition, the resulting arrest must comply with the standards of “probable cause” contained in the Fourth Amendment.
Citizen-arrest laws vary by state, but they typically involve a breachof peace committed in the presence of the arresting citizen. In some cases, citizens can make arrests in felonies that were not committed in the arrester’s presence if the arrester has reasonable cause for believing that the person arrested has committed the crime. Some states allow citizen arrests for felonies while others allow them for both felonies and misdemeanors. When a citizen makes an arrest without the assistance of a police officer, the arrester is responsible for turning the arrested person over to an officer of the law as soon as possible. In other instances, a police officer may request the help of a citizen in making an arrest. In these instances, because the private citizen is legally bound to assist the officer, the officer is responsible for the actions of the private citizen assisting in the arrest. However, despite the legality of the practice, most police departments across the nation discourage people from making such arrests.
Most arrests made under citizen-arrest laws are not, however, made by private citizens. Most are made by other individuals or groups covered by these laws, including private-security personnel, postal inspectors, bank guards, store employees who detain shoplifters, customs inspectors, private investigators, and state and federal agents. Because not all these groups are registered or licensed, accurate statistics regarding their numbers and their arrests are impossible to obtain.
The degree of physical force that can be used is a critical issue in making a citizen’s arrest. State laws vary on the degree of physical force allowable. Deadly force in making a citizen’s arrest is generally reserved for situations of protecting other people, and private citizens making such arrests act at their own legal peril in using deadly force. In contrast, when a citizen assists a police officer in making an arrest or in preventing an escape, deadly force may usually be used for self-defense, for the defense of a third party, or at the authorization of a police officer. Because the assisting citizen cannot take time to verify an officer’s authority, good-faith assistance is justified, even if the officer misdirects the assisting citizen.
According to Les Johnson, in his book The Rebirth of Private Policing (1992), private policing by individual citizens and private groups was increasing during the early 1990s. Even though psychologists and sociologists contend that most citizens avoid intervening in situations of criminal activity, citizens are forming groups such as neighborhood watch programs to lower crimes of theft and personal injury. These groups are especially strong in neighborhoods with high rates of crime and understaffed police forces.
Bibliography
Abrahams, Ray. Vigilant Citizens: Vigilantism and the State. Cambridge, England: Polity Press, 1998.
Johnson, Les. The Rebirth of Private Policing. New York: Routledge, 1962.
Loewy, Arnold H., and Arthur B. LaFrance. Criminal Procedure: Arrest and Investigation. Cincinnati: Anderson, 1996.
Willingham, AJ. “Citizen’s Arrest Laws Aren’t Cut and Dry. Here’s What You Need to Know.” CNN, 10 Nov. 2021, www.cnn.com/2021/11/10/us/citizens-arrest-what-is-explained-trnd/index.html. Accessed 24 June 2024.