When people think of a citizen’s arrest, they often imagine a bold civilian detaining a criminal until police arrive. But in Maryland, the law surrounding citizen’s arrests is far more complicated—and risky—than it may seem. If you act without understanding your legal rights and limitations, you could end up facing criminal charges yourself.
In this post, we’ll break down when a citizen’s arrest is legal, what risks it involves, and what you should do instead if you witness a crime in Southern Maryland.
What Is a Citizen’s Arrest?
A citizen’s arrest occurs when a private individual—not a law enforcement officer—detains another person who they believe has committed a crime. Maryland law does allow for citizen’s arrests in some situations, but it is not governed by a specific statute. Instead, it relies on common law principles that have been recognized by Maryland courts.
When Is a Citizen’s Arrest Legal in Maryland?
Under Maryland common law, a citizen’s arrest is only allowed in very specific situations:
- ✅ A felony is committed in your presence
- ✅ You have reasonable grounds to believe a felony has been committed, even if not in your presence
- ⚠️ A misdemeanor involving a breach of the peace (such as assault or public disturbance) that occurs in your presence
Outside of those scenarios, making a citizen’s arrest can quickly lead to false arrest or civil liability.
Examples of Citizen’s Arrest in Practice
Let’s say you witness someone forcibly robbing another person in downtown La Plata. That’s a felony, and it’s happening in your presence—technically, a citizen’s arrest may be lawful.
Now imagine you think someone shoplifted from a store in Waldorf, but didn’t witness the act. Detaining them could be illegal.
What Are the Risks?
Attempting a citizen’s arrest in Maryland carries serious legal consequences if done incorrectly. You could be charged with:
- False imprisonment
- Assault and battery
- Kidnapping
- Violation of civil rights
Even if you believe you’re doing the right thing, the law does not protect you unless you meet the narrow requirements for a legal arrest.
Use of Force During a Citizen’s Arrest
If you legally detain someone, you may only use reasonable force. You cannot use deadly force unless you’re acting in self-defense or protecting others from imminent serious harm.
Using a weapon, tackling someone, or otherwise escalating the situation without justification could open the door to both criminal charges and civil lawsuits.
Best Practices: What You Should Do
Instead of risking your safety and legal standing, follow these steps if you witness a crime:
- Call 911 immediately
- Describe the suspect and provide any helpful details to law enforcement
- Do not confront or chase the suspect unless someone is in immediate danger
Local police in Prince George’s, Charles, Calvert, and St. Mary’s Counties urge residents to avoid taking the law into their own hands. In most cases, being a good witness is far more helpful—and safer—than trying to detain someone.
Have You Been Accused After Making a Citizen’s Arrest?
If you’ve been charged with assault, false imprisonment, or another offense stemming from a citizen’s arrest, it’s critical to speak with a lawyer immediately. The line between a lawful arrest and an illegal one is thin—and prosecutors won’t hesitate to cross it.
At Southern Maryland Criminal Defense, we help individuals in Charles County and the surrounding areas protect their rights and defend against overreach by both the state and other private parties.
Contact us today for a free consultation with a Southern Maryland criminal lawyer. We’ll help you understand your legal options and fight for the best possible outcome.
