You’ve likely heard about something called a “citizen’s arrest,” but not believed it was a real thing. In fact, it is legal in many places. For example, there were some citizen’s arrests in the Los Angeles area after the January wildfires by those who saw what appeared to be people trying to start more fires. They held them until police could get there.
In Oklahoma, citizen’s arrest is called “arrest by private person.” The law provides requirements for legally “arresting” someone.
When can a private person conduct an arrest?
Non-law enforcement officials can only carry these kinds of enforcement actions out when “a public offense [is] committed or attempted in his presence” — unless it’s a felony, which doesn’t have to be committed in their presence. In that case, the person performing the arrest must have “reasonable cause for believing the person arrested to have committed it.”
Further, the arresting person must “inform the person to be arrested of the cause thereof, and require him to submit, except when he is in actual commission of the offense or when he is arrested on pursuit immediately after its commission.”
What are people allowed to do when carrying out one of these arrests?
If the person that someone intends to arrest is inside a home or other property, the arresting person is allowed, if necessary, to “break open an outer or inner door or window of the dwelling house of the person to be arrested, for the purpose of making the arrest” as long as they’ve first informed them of their intention to make an arrest.
People are also allowed (in fact, instructed) to take any weapons the person they’re arresting has (to give police) and to chase and recapture them if they escape before law enforcement arrives. Those performing these arrests “must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer.” These days, that would most likely involve calling 911.
Certainly, this kind of scenario can be fraught with danger for everyone involved. However, in cases where it’s critical to stop someone from doing immediate harm or damage, someone may consider it to be necessary. With that said, those seeking to exert power over others – including innocents – may take serious advantage of what they believe to be their right to arrest people.
If you have been arrested by a “private person” and then taken into custody by police and charged with a crime, it’s crucial to ensure that your rights weren’t violated and that you weren’t the one who was the victim of a crime. It’s smart to get legal guidance as soon as possible, accordingly.