Can A Private Citizen in Louisiana Legally Arrest Someone?

(Lafayette, Louisiana) - A few weeks ago, I saw someone on social media ask if Citizen's Arrests were still a thing, and I immediately asked myself if anyone in Louisiana can arrest another citizen.

I feel like in the 80s everyone was saying, "It's a citizens' arrest, stop."  And while I don't know if that came from a movie or whatnot, as kids, we were often arresting our friends, and that was the saying.

So, I recently looked up Citizen's Arrests in our state, and yes, a private citizen can legally arrest someone who is breaking the law; however, there's a catch.

Under Louisiana law, a private citizen can only arrest someone who has committed a felony. And no, the person who is conducting the arrest does not have to witness the felony being committed.

Like when a police officer arrests someone, there are some rules and regulations for the citizen conducting the arrest. For one, a person arrested can be held only by a private citizen until police arrive. In addition to that, while the arrest is being conducted, the person arresting the other citizen must inform the person why they are being arrested

During a citizen's arrest, the person arresting the person who allegedly committed a felony cannot use excessive force, and runs the risk of legal issues if the person is wrongfully assaulted or injured during the arrest.

Excessive force by the arresting citizen can lead to criminal charges if the person arrested files charges. Plus, if the person arrested is later found innocent and imprisoned, the citizen who arrested them can be charged with false imprisonment.

Knowing this, if you witness or know of anyone who has committed a felony in the state of Louisiana, it is probably best to notify authorities to avoid putting yourself in physical or legal danger.

Remember, a private citizen cannot arrest someone in Louisiana at will; as mentioned above, the person being arrested must have committed a felony. If you aren't sure what constitutes a felony, you should not conduct the arrest yourself.

What Crimes Are Felonies in Louisiana

Common felonies include murder, armed robbery, aggravated kidnapping, aggravated battery, arson, and certain drug offenses

If someone is convicted of a felony in a Louisiana courtroom, the offender may be sentenced to death or imprisonment with hard labor.

For a better understanding of arrests conducted by private citizens and the risks that come with it, check out this short tutorial below.