Making a citizen’s arrest is one of those things that most people know is possible, but have no idea how to do. How exactly would you go about it, anyway?

First of all, you probably wouldn’t. If you observe a crime in progress, your responsibility is to notify the police, provide all the information you can, sign a complaint form if necessary, and appear in court if you are subpoenaed. Working “within the system” is usually all that is necessary. However, if circumstances are such that you feel it necessary to arrest someone, federal and state laws do provide for it. Please familiarize yourself with your local statutes on the subject, but here are some general guidelines:

A private person may arrest someone who is committing a felony (murder, serious assault, sexual offenses, or breaking and entering, for example), or who is eluding a law enforcement officer.

Be very certain that you have grounds for an arrest – otherwise you may be sued for wrongful arrest.

If you are performing a citizen’s arrest, inform the suspect that you are doing so, for what crime you are arresting them, and that you are taking them to the nearest policeman. You should not use unreasonable force to “take them in;” to do so would be to open yourself to a charge of assault.

Be aware that the suspect has the right to resist you – you do not have the same powers as a police officer.

If there are other witnesses, ask for their names, addresses and phone numbers. Try and enlist their help, if possible.

You do not have the right to question the suspect, nor to search them, nor to confiscate anything.

Finally, remember that civil lawsuits for “false imprisonment” abound even against professional law enforcement agents. Never use more force than is necessary, turn suspects over to the police as soon as possible, and always treat them humanely.

Private citizens NEVER have the right to mete out punishment. If you are going to represent United States law, remember that a basic tenet is “innocent until proven guilty.”