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I was asked the other day how a ”citizen’s arrest” works. In short, a citizen’s arrest (or more properly, “arrest by a private person”) follows the same procedure as an arrest by a officer, with a few extra requirements. Before going any further, it is important to note that a) I am not a lawyer and what I am writing should not be construed as legal advice and b) the following is only relevant when pertaining to the state of Arizona (although, other states probably follow the same general principles).

First off, I mentioned that “citizen’s arrest” is more properly referred to as “arrest by a private citizen.” This is because the definition and execution of an “arrest” is the same regardless of whether it is made by a police officer or a private citizen. For the record, the Arizona Revised Statutes has the following to say about arrests (either by a private party or an officer):

• An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.
• No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.
• An arrest may be made on any day and at any time of the day or night.

Again, the above apply to all arrest. The area where arrests by a private person differ is in the requirements to justify an arrest. According to ARS 13-3884:

A private person may make an arrest:

1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

That basically means you can’t perform a citizen’s arrest on someone for littering or speeding.
Assuming you have witness an arrestable offence (say a murder), you may act to arrest the person by restraining them (pursuant to the conditions set above about arrests) and then you must inform the person that you are arresting them and explain why. From ARS 13-3889:

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

At the time of arrest you may also take from the person you are arresting any weapons, just as a police officer would do. ARS 13-3895 explains:

Any person making a lawful arrest may take from the person arrested all weapons which he may have about his person and shall deliver them to the magistrate before whom he is taken.

Finally, after physically making an arrest you have two options; you can personally present the arrested person before a judge, or you can turn the person over to a law enforcement officer. The second option is obviously the better choice. From ARS 13-3900:

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate…

To recap: You (as a private person in Arizona) may arrest a person only if you witness them committing a felony or have reason to believe they have committed a felony. You can use force to restrain them, but not excessive force, and after detaining them you must inform them that you are arresting them for committing a felony. Once you have the person arrested, you should call the local law enforcement agency and have them take over.

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