Citizens Arrest

**Petraqskie** · February 1st, 2007, 09:05 PM

Does any body know if a citizens arrest is legal in PA?? Does the type of crime matter, thinking Poaching..

**carteach0** · February 1st, 2007, 09:16 PM

My thoughts, no expertise at all.......

Forget it and don't try it. Cell phones are a required defense item, even
more so than a weapon.

I have caused more criminals to be aprehended with my cell phone than I EVER expect to with my firearm.

In doubt or not, call the police. Don't try to do their job.

On the other hand, I would have no problem holding an attacker safely
still till the police showed up. That might be the most prudent and safe
response. It would not be an 'arrest' however.

**LorDiego01** · February 1st, 2007, 09:21 PM

I would stay far away from making a citizen's arrest, unless on your own property.

You just open yourself up for a whole lotta lawsuits.

**danp** · February 1st, 2007, 09:22 PM

I will second the notion to not even bother. Call the cops.

**KeithPA** · February 1st, 2007, 09:54 PM

A family friend that used to be a cop( fresh outta the academy but then got laid off due to budget cuts) told me that you can only make a citizens arrest for a felony. Didn't say anything about what class of felonies.

I know thats not worth much but that is what I have heard. I would just call the DCNR.

Citizens arrest of a someone who is hunting, IE carrying a gun, doesn't sound like the greatest idea......

**mjd932** · February 1st, 2007, 09:59 PM

Originally Posted by DeltaII5

Citizens arrest of a someone who is hunting, IE carrying a gun, doesn't sound like the greatest idea......

I agree completely. I think the best thing to do is speak firmly and warn them off. Definitely don't want to tangle with an armed person in the woods.

**Justin** · February 1st, 2007, 11:42 PM

i agree. you dont want to mess with someone whos already doing something illegal....best bet is to call the cops or PAGC....if you really want to get them, find the offenders car and take the license plate number and make and model of the car....pagc will either catch them in the act or come knocking on their door.

**Steve in PA** · February 2nd, 2007, 03:57 AM

Originally Posted by DeltaII5

A family friend that used to be a cop( fresh outta the academy but then got laid off due to budget cuts) told me that you can only make a citizens arrest for a felony. Didn't say anything about what class of felonies.

I know thats not worth much but that is what I have heard. I would just call the DCNR.

Citizens arrest of a someone who is hunting, IE carrying a gun, doesn't sound like the greatest idea......

Sorry to burst your friends bubble, but there is no such thing as a "citizens arrest" in PA.

Citizens arrest is a carry over from common law but things have changed a little since then.

**djturnz** · February 2nd, 2007, 10:53 AM

I was going to make a Citizen's Traffic stop once. I was going to write a Citizen's Speeding Ticket for a Citizen's Fine. Of course the proceeds would be placed in this Citizen's account for further funding of the Citizen's Weapons Program.

**Rule10b5** · February 2nd, 2007, 11:43 AM

A "citizen's arrest" is legal in Pennsylvania.

Actually, this very issue was recently reaffirmed by the Pa. Supreme Court. See Kopko v. Miller, 586 Pa. 170, 185 (Pa. 2006). The thing is, it only works for certain types of offenses (felony and other limited classes too complicated to get in to) personally witnessed by the citizen.

As an aside, there is a misconception about what an "arrest" actually is. An "arrest" is any "seizure" of a person. A person is "seized," in brief, whenever you're telling him that he can't leave. So, if someone tries to shoot you, you disarm him and hold him at gunpoint, while waiting for the Police to arrive, you've arrested him.

This is different from a formal or agency arrest (like the one that Steve would execute) where he formally takes the person into the custody of the institution and begins the process of filing formal charges. (I think this what your post means, Steve).

The distinction isn't really important -- the point is that you're technically "arresting" someone when you engage in the above behavior. You needn't say any nonsense about "I'm placing you under citizen's arrest" or any bullshit like that. Your actions create the end result of an arrest, basically.

(As a total random and unrelated "isn't it cool" sort of fact: Courts (I don't know whether in Pa.) regularly hold that a person may be prosecuted for resisting an arrest by a citizen, provided that the arrest itself is valid and executed in good faith.)

Relevant portions of the above referenced case follow (emphasis added by me):

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"We note that the power of Sheriffs to arrest for crimes committed in their presence is no different from that of a private citizen. In Commonwealth v. Chermansky, 430 Pa. 170, 242 A.2d 237, 239 (Pa. 1968), we reiterated that "a private person [***24] in fresh pursuit of one who has committed a felony may arrest without a warrant. And in Pennsylvania we have [**775] always followed the common law rule that if the felon flees and his arrest cannot be effected without killing him, the killing is justified." However, we narrowed the types of felonies for which the rule was applicable and held that:

from this date forward the use of deadly force by a private person in order to prevent the escape of one who has committed a felony or has joined or assisted in the commission of a felony is justified only if the felony committed is treason, murder, voluntary manslaughter, mayhem, arson, robbery, common law rape, common law burglary, kidnapping, assault with intent to murder, rape or rob, or a felony which normally causes or threatens death or great bodily harm.

Id.at 240. See Commonwealth v. Corley, 316 Pa. Super. 327, 462 A.2d 1374, 1379 (Pa. Super. 1993) ("we hold that a citizen's arrest can be made for a breach of the peace that is personally observed by the arrestor."), aff'd on other grounds, 507 Pa. 540, 491 A.2d 829, 834 (Pa. 1985) (declining to rule on the issue).
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