CITIZENS' ARREST


40-7-109. Arrest by private person — Grounds. 
 





(a)  A private person may arrest another:
  
      (1)  For a public offense committed in the arresting person's presence;
      (2)  When the person arrested has committed a felony, although not in 
           the arresting person's presence; or
      (3)  When a felony has been committed, and the arresting person has reasonable 
           cause to believe that the person arrested committed the felony.

(b)  A private person who makes an arrest of another pursuant to the provisions of 
     §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.

 
[Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.]




40-7-110. Arrest by private person — Time. —
  
A private person may make an arrest for a felony at any time.
  
 
[Code 1858, § 5034; Shan., § 6994; Code 1932, § 11533; T.C.A. (orig. ed.), § 40-817.]




40-7-111. Arrest by private person — Notice of grounds. —
  
 
A private person making an arrest shall, at the time of the arrest, inform the person 
arrested of the cause of the arrest, except when the person is in the actual commission
of the offense, or when arrested on pursuit.
 
[Code 1858, § 5043; Shan., § 7003; Code 1932, § 11542; T.C.A. (orig. ed.), § 40-818.]



40-7-112. Arrest by private person — Notice of intention to make arrest — Use of 
          force to enter dwelling house.

If the person to be arrested has committed a felony, and a private person, after notice 
of the person's intention to make the arrest, is refused admittance, the arresting person
may break open an outer or inner door or window of a dwelling house to make the arrest.
 
[Code 1858, § 5044; Shan., § 7004; Code 1932, § 11543; T.C.A. (orig. ed.), § 40-819.]




40-7-113. Disposition of person arrested by private person. —

(a)  A private person who has arrested another for a public offense shall, without
     unnecessary delay, take the arrested person before a magistrate or deliver the
     arrested person to an officer.
(b)  An officer may take before a magistrate, without a warrant, any person who,
     being engaged in the commission of a public offense, is arrested by a bystander
     and delivered to the officer, and anyone arrested by a private person as provided
     in §§ 40-7-109 — 40-7-112, and delivered to the officer.
 
[Code 1858, §§ 5041, 5045; Shan., §§ 7001, 7005; Code 1932, §§ 11540, 11544; T.C.A. (orig. ed.), §§ 40-820, 40-821.]