Can vigilantes make arrests in Texas? State law is blurry and you can end up in jail
In Texas, figuring out whether a private citizen can make an arrest is a complicated question.
Generally, however, the answer is yes, but the law is very limited, according to Texas criminal defense attorney Tad Nelson. Making a citizen’s arrest can get you sued or even facing criminal charges yourself, so it’s encouraged to call the police or notify security instead of confronting a suspected criminal yourself.
“Don’t get me wrong, your police department and all of surrounding law enforcement agencies are thrilled that we have brave citizens who would step up to assist,” Officer Rickey Antoine told The Orange Leader. “But we would rather you and others be safe and give a detailed description of the actor(s)/suspect(s), like clothing, race, sex, vehicle description, direction of travel and what crime(s) you observed.”
What is considered a citizen’s arrest in Texas?
A citizen’s arrest is the temporary detainment of a person who has committed a crime in their presence, per Delta Bail Bonds. The citizen temporarily detains the suspect until police arrive.
Texas law states: “A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.” That means a citizen can make an arrest if they see a felony or a breach of the peace being committed.
Texas courts have defined “breach of the peace” in this context to mean that the person’s conduct poses a threat of continuing violence or harm to himself or the public, according to Fort Worth criminal defense attorney Brandon Fulgham. An exigency or emergency must exist at the time the arrest for a misdemeanor is made.
When can a citizen make an arrest in Texas?
Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or within their view. That means you actually have to witness the crime yourself, Nelson says.
The person you arrest must have been committing a felony or a crime against the public peace. Inversely, someone committing a misdemeanor offense that is not against the public peace cannot be arrested by a private citizen. If you get these mixed up, then your citizen’s arrest is illegal.
Timing of the citizen’s arrest is limited to when the offense was committed or if there is an ongoing threat of violence, Fulgham says.
In Texas, what happens if you make an illegal arrest?
Under Texas criminal law, you could face charges for unlawful restraint, kidnapping and even assault. Unlawful restraint for one is a Class A misdemeanor, which could result in jail time.
Worse, you could be sued in civil court for false imprisonment, according to Nelson. The arrested individual could request monetary compensation for violating their rights. They could go after your property or bank accounts to fulfill a court judgment.
Gathering evidence in violation of Texas law can create problems for future prosecutions because it could prevent the state from introducing the evidence into court.
“If police violate a person’s constitutional rights, then the evidence obtained in violation of those rights must be thrown out of court, otherwise known as suppressed,” Fulgham writes.
This story was originally published August 1, 2023 at 12:00 AM.
