How to Make a Citizen's Arrest in Maryland

A citizen's arrest occurs when someone--who is not a police officer--stops an alleged offender during the commission of a crime. The person then detains the criminal until police arrive. While citizen's arrests are legal in Maryland, police prefer that citizens refrain from performing arrests if at all possible. However, if you find yourself in a situation in which you decide a citizen's arrest is necessary, go through with it with the confidence that the law is on your side.

Difficulty: Moderate

Instructions

1. 
    
   Stop a crime only if it's the best option

   Weigh the pros and cons of getting involved and performing a citizen's arrest. You are putting yourself at risk of getting hurt or getting sued later by the person allegedly committing a crime. Only proceed withe the arrest if you decide the benefits of stopping a person's actions outweigh the risks you are taking by stopping him.

2. 
    
   Call police as soon as possible

   Call the authorities before performing the arrest, if possible. Maryland police officers do prefer to handle any potentially dangerous or libelous situation. If you determine a person should be stopped and detained before police arrive, proceed with caution. Let the officer know clearly of your plan and seek his immediate advice.

3. 
    
   Make it clear why you are making the arrest

   Notify the person committing the offense that he or she is being placed under citizen's arrest. Make your announcement clear and say it with authority. Let the offender know exactly why you are performing the arrest.

4. Enlist the help of any others who may wish to participate. Detain the person through non-violent means. Use non-harmful tools, such as a rope if you fear the person may try to escape. Say you have called the police. If you have not called the police by this time, you or someone nearby should call 911.

5. 
    
   Don't cause the offender undue harm

   Avoid getting involved in a struggle with the person you are arresting. Do not attempt the arrest if you think the person is stronger than you. If the person tries to escape, try to restrain him or her. Do not use unnecessary force. If you do so, the offender may have grounds to sue for assault.

6. 
    
   Police prefer to handle arrests

   Take a mental note of everything going on around you before, during and after the arrest. When police arrive, promptly give up custody of the offender. Answer all of the officers' questions calmly and courteously. Police will want to gather as much information about the incident as possible, and all will appreciate your cooperation.

Tips & Warnings

• Get names a numbers of witnesses. This is to protect yourself if the person you arrest claims you were in the wrong.
• If you can avoid making an arrest, do it. You are exposing yourself to potentially harmful litigation when you perform a citizen's arrest.
• Don't perform a citizens arrest on someone with a weapon unless you have a death wish. You can't help anyone if you're injured or dead because you tried to play the hero.

Resources

• Wikipedia
• Maryland State Bar Association