You’ve probably heard the term “citizen’s arrest.” States have their own laws regarding whether someone who’s not a law enforcement officer or even a security guard can detain a person without violating their rights or themselves committing a crime.
Typically, it’s allowed only for felony crimes and only as a means to detain someone until police arrive. What more is it important to know?
What do Maryland courts say?
Maryland’s Court of Appeals has ruled that a “public citizen” can legally detain someone as long as they reasonably believe they’ve committed a felony, whether they witnessed it or not. They can legally detain someone for a misdemeanor offense only if they witnessed them committing it.
People are not allowed to use excessive force to detain someone. Deadly force is never legal in carrying out a citizen’s arrest unless it’s in self-defense.
People who aren’t law enforcement officers don’t have the same requirements as police do when detaining someone. However, they can’t do so without reasonable cause. Unfortunately, as we’ve seen in some high-profile cases, people sometimes try to claim they were making a citizen’s arrest when in fact they were harassing or even assaulting someone.
Some people feel compelled to act if they see someone doing something illegal, like stealing, setting a fire or harming someone. That’s an understandable reaction. However, it can be dangerous for everyone involved.
What could go wrong?
If you see something happening and step in to tackle and hold someone until police can arrive, it’s critical to be sure that your “suspect” did indeed violate the law. If you’re wrong or you use force that isn’t considered reasonable, you could end up facing an assault charge – or worse. You could also be on the wrong end of a civil lawsuit by the person you “arrested.”
If you’ve been charged with an offense after engaging in what you considered a citizen’s arrest – even if you were only helping others detain someone – it’s important to get legal guidance to protect your rights and present your case.