What Is a Citizen’s Arrest?
Seeing a crime unfold is shocking and might make you want to step in and help. In Nevada, ordinary citizens can make arrests in certain situations. Doing so is called a citizen’s arrest. However, while citizen’s arrests are legal in certain circumstances, attempting to conduct one under others could land a would-be Good Samaritan in legal hot water. Here’s what you need to know about citizen arrests in Nevada.
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Is a Citizen’s Arrest a Criminal Charge?
In the United States, arrests do not always lead to criminal charges. Police officers arrest and take people into custody if they have reasonable cause to believe someone committed a crime. It’s up to the state or federal prosecutor with jurisdiction to bring formal charges against someone the police have taken into custody.
So, since it involves a bystander stepping into the role of the police, a citizen’s arrest does not amount to a criminal charge. Once the police arrive at the scene, they may formally arrest if they have sufficient legal justification. State or federal prosecutors will then decide whether to bring criminal charges, just as they would under other circumstances.
How to Make a Citizen’s Arrest
Nevada law says private citizens can arrest someone if:
- They witnessed that person commit a crime
- They know that person committed a felony, even if they did not witness it
- They know a felony has been committed and have a reasonable belief that the person they wish to arrest committed the crime
This law gives private citizens broad discretion to make an arrest related to a possible felony. However, in cases involving misdemeanors or gross misdemeanors, the person making the arrest must have witnessed the other person commit the crime. Reasonable suspicion is not enough to justify a citizen’s arrest in these cases.
Additionally, Nevada law says that private citizens can pursue someone who escapes their custody after a citizen’s arrest. However, private citizens may use only reasonable force when making an arrest and cannot use deadly force except in self-defense.
Another situation where private citizens can make arrests involves the “shopkeeper’s privilege.” This law says merchants can take suspected thieves into custody and keep them on the premises reasonably and for a reasonable amount of time until the police arrive. As long as they have the proper legal notices displayed conspicuously in the store in bold type, shopkeepers are not civilly or criminally liable for holding a suspected thief in custody.
Downsides of Citizen’s Arrest
Some argue that giving private citizens the power to make arrests encourages vigilante justice and undermines the rule of law. However, since Nevada has granted citizens the right to make arrests, the debate is academic, primarily at the present moment.
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The primary legal risk of a citizen’s arrest is whether the person making it has met the specific standards required by Nevada law. Depending on the specific facts of the case, making an illegal citizen’s arrest can lead to serious penalties. In some cases, the person making the arrest could face a false imprisonment charge. If the person who made the arrest used a gun or other deadly weapon to keep the suspect in custody, the offense is a Category B felony and carries up to six years in prison. Otherwise, the offense is a gross misdemeanor. Gross misdemeanors in Nevada carry up to 364 days in jail and a maximum fine of $2,000.
A private citizen in Nevada could also face an assault with a deadly weapon charge for making an illegal citizen’s arrest. Assault does not necessarily involve actual physical harm. Merely threatening someone, with or without a weapon, can lead to assault charges. So, someone who pointed a gun at a person they were attempting to place under citizen’s arrest could face an assault with a deadly weapon charge, a Category B felony that carries up to six years in prison, along with a maximum fine of $5,000.
In certain circumstances, a citizen’s arrest might lead to charges of impersonating a police officer. If the person who makes the arrest says they’re a police officer or uses a fake police badge, they have committed a crime, even if they have justifiable cause to make a citizen’s arrest. Impersonating a public officer is a gross misdemeanor in Nevada, and the potential penalties include up to 364 days in jail and a maximum fine of $2,000.
What States Allow Citizen’s Arrests?
All states allow private citizens to make arrests in certain circumstances, though the specific laws vary from one state to another. Many states allow shopkeepers to detain suspected thieves until the police arrive, for example.
However, because the laws vary among states, someone wanting to make a citizen’s arrest should understand their state’s rules before they do so. Otherwise, the would-be Good Samaritan might wind up facing criminal charges themselves.
Facing Charges Related to a Citizen’s Arrest? We Can Help
If you’ve been charged with a crime related to a citizen’s arrest in Nevada—whether as the person making the arrest or who was arrested—it’s essential to speak with an attorney immediately. De Castroverde Law Group is here to protect your rights and can help you avoid the worst potential outcome in your situation. We can investigate what happened to see if the arrest was justifiable, negotiate on your behalf to reduce the charges and penalties you face, and represent you at trial if necessary. We will thoroughly explain your rights and what’s happening at every step of your case, and we are here to answer your questions at any time.
Ready to speak with an award-winning defense attorney in Nevada about your case? Then, call De Castroverde Law Group immediately or contact us online for a consultation. We are standing by to help.