{"id":14056,"date":"2018-02-16T02:25:35","date_gmt":"2018-02-16T02:25:35","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14056"},"modified":"2018-02-17T22:24:07","modified_gmt":"2018-02-17T22:24:07","slug":"citizens-arrest-an-arrest-by-a-private-person-on-grounds-that-1-a-public-offense-was-committed-in-their-presence-or-2-they-have-reasonable-cause-to-believe-the-arrestee-has-committed-a-felony","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14056","title":{"rendered":"Citizen’s Arrest – on grounds that (1) a public offense was committed in their presence, or (2) they have reasonable cause to believe suspect committed a felony"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>> 1. The Arrest, and Search and Seizure<\/a> >>>> Various Forms of Lawful Arrests<\/a> >>>> Warrantless Arrests<\/a>:
\n<\/strong><\/span><\/p>\n

************************<\/p>\n

citizen\u2019s arrest<\/span>:<\/span><\/span>
\n<\/strong>(1941)<\/span><\/p>\n

1.<\/strong> An arrest of a private person by another private person on grounds that<\/strong><\/span><\/p>\n

(1) a public offense was committed in the arrester\u2019s presence, or
\n(2) the arrester has reasonable cause to believe that the arrestee has committed a felony. <\/strong>[1]<\/span><\/p>\n

1. An arrest made by a person other than a police officer.\u00a0 A citizen’s arrest is legal under certain circumstances.<\/strong> [2]<\/span><\/p>\n

\u00a0 \u00a0Each state has some way that a \u201cCitizen\u2019s Arrest\u201d can be performed; for instance,\u00a0<\/span>California Penal Code section 837<\/a>\u00a0reads:<\/span><\/strong><\/span><\/p>\n

\u201cA private person may arrest another:<\/span><\/strong><\/span><\/p>\n

1. For a public offense committed or attempted in his\/her presence.<\/strong><\/span><\/p>\n

2. When the person arrested has committed a felony, although not in his presence.<\/strong><\/span><\/p>\n

3. When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it.<\/span>\u201d<\/strong><\/span><\/p>\n

\u00a0 \u00a0According to\u00a02012\u00a0Supreme Court ruling\u00a0The State of Ohio v. Mbodji<\/a>,\u00a0in order for a \u2018Citizen\u2019s Arrest\u2019 to be performed\u00a0legally:<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u201cA citizen \u2018may file an affidavit\u00a0charging the offense committed\u00a0with a reviewing official\u00a0for the purpose of review\u00a0to determine if a complaint should be filed by the prosecuting attorney.\u2018 \u00a0A \u2018reviewing official\u2019 is a judge, a prosecuting attorney, or a magistrate.<\/span>\u201d<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 The following is a famous scene from The Andy Griffith Show<\/a> where Gomer performs a Citizen’s Arrest:<\/span><\/span><\/strong><\/p>\n