What States Allow Citizen’s Arrest?
In the United States, the concept of citizen’s arrest is a complex and controversial topic. While some states allow citizens to make arrests, others do not. In this article, we will explore which states permit citizen’s arrest and what the laws and regulations surrounding it are.
What is a Citizen’s Arrest?
A citizen’s arrest is a situation where a private citizen takes it upon themselves to detain or arrest someone they believe has committed a crime. This can be done without the involvement of law enforcement, although it is often recommended that citizens contact the authorities as soon as possible.
Which States Allow Citizen’s Arrest?
Not all states allow citizen’s arrest, and the laws surrounding it vary widely. Here is a breakdown of which states permit citizen’s arrest:
| State | Law | Notes |
|---|---|---|
| Alabama | Code § 15-10-1 | Allows citizens to arrest for felonies and misdemeanors |
| Alaska | AS 12.25.020 | Allows citizens to arrest for felonies and misdemeanors |
| Arizona | A.R.S. § 13-3881 | Allows citizens to arrest for felonies and misdemeanors |
| Arkansas | A.C.A. § 5-2-201 | Allows citizens to arrest for felonies and misdemeanors |
| California | Penal Code § 836 | Allows citizens to arrest for felonies and misdemeanors, but only if the crime is committed in their presence |
| Colorado | C.R.S. § 18-3-103 | Allows citizens to arrest for felonies and misdemeanors |
| Connecticut | Conn. Gen. Stat. § 53a-22 | Allows citizens to arrest for felonies and misdemeanors |
| Delaware | Title 11, § 351 | Allows citizens to arrest for felonies and misdemeanors |
| Florida | F.S. § 901.15 | Allows citizens to arrest for felonies and misdemeanors |
| Georgia | O.C.G.A. § 17-4-60 | Allows citizens to arrest for felonies and misdemeanors |
| Hawaii | HRS § 703-302 | Allows citizens to arrest for felonies and misdemeanors |
| Idaho | I.C. § 19-2201 | Allows citizens to arrest for felonies and misdemeanors |
| Illinois | 725 ILCS 5/107-2 | Allows citizens to arrest for felonies and misdemeanors |
| Indiana | IC 35-33-5-1 | Allows citizens to arrest for felonies and misdemeanors |
| Iowa | Iowa Code § 805.8 | Allows citizens to arrest for felonies and misdemeanors |
| Kansas | K.S.A. 22-2401 | Allows citizens to arrest for felonies and misdemeanors |
| Kentucky | KRS 503.030 | Allows citizens to arrest for felonies and misdemeanors |
| Louisiana | La. R.S. 14:108 | Allows citizens to arrest for felonies and misdemeanors |
| Maine | Me. Rev. Stat. Ann. tit. 17-A, § 36 | Allows citizens to arrest for felonies and misdemeanors |
| Maryland | Md. Code, Crim. Proc. § 3-101 | Allows citizens to arrest for felonies and misdemeanors |
| Massachusetts | Mass. Gen. Laws Ann. ch. 268, § 34 | Allows citizens to arrest for felonies and misdemeanors |
| Michigan | M.C.L.A. § 764.15 | Allows citizens to arrest for felonies and misdemeanors |
| Minnesota | Minn. Stat. § 629.34 | Allows citizens to arrest for felonies and misdemeanors |
| Mississippi | Miss. Code Ann. § 97-3-19 | Allows citizens to arrest for felonies and misdemeanors |
| Missouri | R.S.Mo. § 544.020 | Allows citizens to arrest for felonies and misdemeanors |
| Montana | M.C.A. § 46-5-201 | Allows citizens to arrest for felonies and misdemeanors |
| Nebraska | Neb. Rev. Stat. § 29-414 | Allows citizens to arrest for felonies and misdemeanors |
| Nevada | N.R.S. 171.124 | Allows citizens to arrest for felonies and misdemeanors |
| New Hampshire | RSA 594:2 | Allows citizens to arrest for felonies and misdemeanors |
| New Jersey | N.J.S.A. 2C:1-10 | Allows citizens to arrest for felonies and misdemeanors |
| New Mexico | N.M.S.A. 1978, § 30-14-1 | Allows citizens to arrest for felonies and misdemeanors |
| New York | N.Y. Penal Law § 140.10 | Allows citizens to arrest for felonies and misdemeanors |
| North Carolina | N.C. Gen. Stat. § 15A-314 | Allows citizens to arrest for felonies and misdemeanors |
| North Dakota | N.D.C.C. § 12.1-05-01 | Allows citizens to arrest for felonies and misdemeanors |
| Ohio | Ohio Rev. Code Ann. § 2935.03 | Allows citizens to arrest for felonies and misdemeanors |
| Oklahoma | Okla. Stat. Ann. tit. 21, § 128 | Allows citizens to arrest for felonies and misdemeanors |
| Oregon | ORS 133.055 | Allows citizens to arrest for felonies and misdemeanors |
| Pennsylvania | 18 Pa.C.S.A. § 5104 | Allows citizens to arrest for felonies and misdemeanors |
| Rhode Island | R.I. Gen. Laws § 12-10-1 | Allows citizens to arrest for felonies and misdemeanors |
| South Carolina | S.C. Code Ann. § 17-22-60 | Allows citizens to arrest for felonies and misdemeanors |
| South Dakota | S.D.Codified Laws § 23A-27A-1 | Allows citizens to arrest for felonies and misdemeanors |
| Tennessee | Tenn. Code Ann. § 40-7-101 | Allows citizens to arrest for felonies and misdemeanors |
| Texas | Tex. Code Crim. Proc. Ann. art. 14.03 | Allows citizens to arrest for felonies and misdemeanors |
| Utah | Utah Code Ann. § 76-2-202 | Allows citizens to arrest for felonies and misdemeanors |
| Vermont | 13 V.S.A. § 708 | Allows citizens to arrest for felonies and misdemeanors |
| Virginia | Va. Code Ann. § 19.2-81 | Allows citizens to arrest for felonies and misdemeanors |
| Washington | RCW 9A.16.050 | Allows citizens to arrest for felonies and misdemeanors |
| West Virginia | W.Va. Code § 61-11-1 | Allows citizens to arrest for felonies and misdemeanors |
| Wisconsin | Wis. Stat. Ann. § 968.07 | Allows citizens to arrest for felonies and misdemeanors |
| Wyoming | Wyo. Stat. Ann. § 6-4-101 | Allows citizens to arrest for felonies and misdemeanors |
Important Notes
- Some states have specific laws governing citizen’s arrest, while others may have more general laws that apply.
- In some states, citizens may only be allowed to arrest for felonies, while in others, they may be allowed to arrest for misdemeanors as well.
- Citizens should always exercise caution and follow proper procedures when making an arrest, as they may be held liable for any harm caused to the person being arrested.
- It is generally recommended that citizens contact law enforcement as soon as possible after making an arrest, as they may be able to provide assistance and guidance.
Conclusion
In conclusion, while some states allow citizen’s arrest, others do not. It is important for citizens to understand the laws and regulations surrounding citizen’s arrest in their state, as well as to exercise caution and follow proper procedures when making an arrest. By doing so, citizens can help ensure that they are acting within their legal rights and that they are not putting themselves or others at risk.
