![]() You Can Face Criminal Charges Yourself-And a Lawsuit An illegal arrest will create headaches for future prosecutions. One problem is that gathering evidence in violation of Texas law can prevent the state from introducing it into court. The Police Would Like You to Call Them Insteadįrom the perspective of the police, they would appreciate a phone call instead of a citizen’s arrest. This is why you should call the police or notify security that a crime is being committed. If you are wrong, and the person only committed a misdemeanor, then your citizen’s arrest is illegal. Do you know what’s a felony or what’s a misdemeanor? If someone steals a watch, is that a felony or a misdemeanor? Everything hinges on getting the answer right. You can see the risk involved for private citizens hoping to make an arrest. A person committing a misdemeanor offense that is not against the public peace cannot be arrested by a private citizen.īy contrast, this same article gives a peace officer the power to make a warrantless arrest for “any offense” committed in his view-which makes sense. There is a key limitation: the person you arrest must have been committing a crime against the public peace or a felony. You can’t be sitting at home, receive a phone call, and then run out and try to arrest someone. When Can a Citizen Make an Arrest?Īrticle 14.01 of the Texas Code of Criminal Procedure says that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or within view. League City criminal defense attorney Tad Nelson provides an overview of the law concerning citizens arrests and encourages you to contact our firm if you face charges. Arrests rarely go as planned, and you might end up seriously hurting someone when you had no legal right to stop them. In fact, making a citizen’s arrest is a good way of getting sued or even facing criminal charges yourself. In Texas the answer is surprisingly “yes.” However, the law is very limited, and we highly encourage people to call the police instead of jumping on a suspected criminal. ![]() ![]() Few issues are as confusing as whether private citizens can make an arrest.
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