When can a private citizen make a citizen's arrest in Alabama?

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Accepted Answer

1. Statutory Authority   Alabama codifies citizen's arrest at   Ala. Code § 15-10-7(a)  .    2. Felony Standard   Under § 15-10-7(a)(2)-(3), a private person may arrest when a felony has been committed though not in their presence and they have reasonable cause to believe the arrestee committed it. Mistake about whether a felony occurred is not excused.    3. Misdemeanor Standard   Under § 15-10-7(a)(1), a private person may arrest for any public offense (including misdemeanor) committed in their presence.    4. Georgia Post-Arbery Comparison   Georgia repealed its broad citizen's arrest statute via   HB 479   in May 2021 after Ahmaud Arbery's killing. Alabama has not modified § 15-10-7, though commentary in the wake of Arbery has noted the similar breadth of Alabama's statute.    5. Force Permitted   Reasonable force is permitted. Alabama's stand-your-ground law (  Ala. Code § 13A-3-23  ) governs deadly force in self-defense; deadly force by a private person to effect arrest is highly restricted and generally only permitted in defense against deadly force or forcible felony.    6. Hand-Off Duty   Under   Ala. Code § 15-10-8  , the arrestee must be taken without unnecessary delay before a judge or delivered to a peace officer.    7. Risks   Unlawful imprisonment (  Ala. Code § 13A-6-41/42  ), kidnapping (§§ 13A-6-43/44), assault, and civil tort liability for false arrest and battery.    8. Shopkeeper's Privilege     Ala. Code § 15-10-14   authorizes merchants to detain a person they have probable cause to believe is shoplifting, in a reasonable manner for a reasonable time, providing a defense to civil and criminal actions.    9. Stand-Your-Ground / Castle Doctrine     Ala. Code § 13A-3-23   is Alabama's stand-your-ground and castle doctrine, independent of arrest authority.    10. Practical Recommendation   Alabama attorneys recommend calling 911. The broad statute creates a tempting authority, but the felony-actually-committed requirement and use-of-force restrictions create real exposure.  This is legal information, not legal advice.