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

1. Statutory Authority

Arizona codifies citizen's arrest at Ariz. Rev. Stat. § 13-3884.

2. Felony Standard

Under § 13-3884(2), a private person may arrest another when the arrestee has in fact committed a felony, even outside the citizen's presence, provided the citizen has reasonable cause. The felony must have actually occurred.

3. Misdemeanor Standard

Under § 13-3884(1), a private person may arrest when an offense (felony or misdemeanor) is committed in the arrestee's presence. "Presence" is construed narrowly.

4. Georgia Post-Arbery Comparison

Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Arizona has not modified § 13-3884.

5. Force Permitted

Ariz. Rev. Stat. § 13-409 allows force in making arrest only when reasonably believed immediately necessary. Deadly force is restricted to circumstances enumerated in § 13-410 (defense against deadly force or to prevent escape after the use or threat of deadly force in an offense).

6. Hand-Off Duty

The arrestee must be delivered without unnecessary delay to a peace officer (Ariz. Rev. Stat. § 13-3889).

7. Risks

Unlawful imprisonment (Ariz. Rev. Stat. § 13-1303), kidnapping (§ 13-1304), assault, and civil tort liability.

8. Shopkeeper's Privilege

Ariz. Rev. Stat. § 13-1805(C) authorizes merchants to detain suspected shoplifters on reasonable cause in a reasonable manner for a reasonable time, with statutory immunity.

9. Stand-Your-Ground / Castle Doctrine

Ariz. Rev. Stat. § 13-405 provides no-duty-to-retreat self-defense. This is independent of arrest authority.

10. Practical Recommendation

Arizona attorneys recommend calling 911. While § 13-3884 is broader than many states, the use-of-force restrictions and after-the-fact second-guessing create substantial risk.

This is legal information, not legal advice.