It is possible that in any given moment you can become a witness to a crime. In that circumstance, you may or may not consider stepping in and conducting a citizen’s arrest.

It is okay and in most cases advisable by law enforcement to not do this, and instead, to call the authorities.

The important thing to remember about a citizen’s arrest is that, though you are not a law enforcement officer nor are you bound by strict Constitutional limitations, you may not step in whenever you feel like it. You must have probable cause that a criminal offense has occurred or is continuing to occur right in front of you.

Most states and Canada have a version of a citizen’s arrest law. Typically these laws only allow someone to make a lawful citizen’s arrest in the following two situations:

  • If a felony has been committed and you reasonably believe that the arrestee committed the crime.
  • If the crime involves a breach of the peace, and you witnessed the behavior and the breach has just occurred or is likely to continue.

Even so, you may only utilize reasonable force, which means the amount of force necessary to make the arrest possible and not excessive force for the circumstances. Additionally, some states do not permit the use of deadly force by a private citizen when making a citizen’s arrest.

You should use caution because an improper citizen’s arrest opens you up to both civil and criminal liability because you are a private person.

Conducting an improper arrest or using improper force can lead to civil liability for things like false imprisonment, assault, battery, and wrongful death. You may also have criminal charges filed against you for things like assault, battery, and false arrest especially if bodily harm happens during the arrest.

In other words, you can conduct a citizen’s arrest, but you should seriously consider the risks first. It may make more sense to instead call your local police department and let a police officer who is more familiar with your state’s criminal laws take care of the issue.

If you or a loved one is in a bind as a result of a criminal charge (traffic related or otherwise), immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.