How to Make a Civil Arrest
Under certain circumstances, an ordinary citizen has the right to make a civil arrest. In order to justify such an emergency action, the citizen must witness a felony being committed right in front of him. In addition, there must exist the sense that such an action is necessary in order to protect others or to ensure that the perpetrator is brought to justice. Regardless of these extreme parameters, it is always best to leave such dangerous work to police professionals. In addition, one who inserts himself into such a situation opens himself up to a virtual litany of counter charges should there be a mistake, or should excessive force be brought into play to effect the arrest or to hold the subject until police arrive.
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Instructions
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Witness a felony take place. You must make a split-second decision to act and to effectuate the civil arrest. There should exist the real sense that if you do not act, then someone will be harmed or the perpetrator will escape.
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Call out to the perpetrator in a loud voice that he is to stop, and announce to him that he is under arrest and that he is not to move.
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Make a quick decision to attempt to restrain the perpetrator if he begins to flee. Under the law, the one making the arrest is allowed to hold the perpetrator until the police arrive. Once you have the perpetrator under control and fully restrained, get someone to call the police. You are allowed under the law to transport the party you have arrested to the police station, but it might prove easier simply to hold the person and wait for the police to arrive.
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Explain what has happened once the police arrive. You will probably be called upon as a witness also in the subsequent trial of the accused.
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Tips & Warnings
Make sure what you witness is actually a felony in progress. If it is not, you are going to be in trouble if you act. For most larceny matters, the line is firmly drawn at the dollar amount stolen: The amount must exceed $200, or the matter is a misdemeanor and not a felony. Driving Under the Influence is an example of another matter that can either be a felony or a misdemeanor, depending on the circumstances.
Do not use excessive force to effectuate a civil arrest, or to restrain the perpetrator if he tries to escape. Also, do not tie up or handcuff the person you have arrested. The law is very clear that you must merely restrain. And example would be to bear hug the person from behind and control him, or to pin him on his back on the ground and keep him there. If you make a mistake, or use excessive force or restraint, you leave yourself open to civil and criminal charges including assault, kidnapping and false imprisonment.
Never attempt to arrest someone who may have a weapon. Pay close attention to the details, including his physical description, the make and model of his car and the license plate number, and call the professionals instead. You have still done a great service.
Civil arrest is not legal everywhere. For example, you cannot make a civil arrest in the state of North Carolina.
