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

1. Statutory Authority

Florida's citizen's arrest derives from common law, with statutory acknowledgment in Fla. Stat. § 901.18 (assistance to officers) and case law including Phoenix v. State, 455 So. 2d 1024 (Fla. 1984).

2. Felony Standard

A private person may arrest for a felony committed in their presence, or where a felony has actually been committed and the citizen has probable cause to believe the arrestee committed it. The felony must have actually occurred - reasonable mistake is not excused.

3. Misdemeanor Standard

For misdemeanors, the offense must amount to a breach of the peace and be committed in the citizen's presence. Ordinary non-violent misdemeanors do not authorize private arrest.

4. Georgia Post-Arbery Comparison

Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Florida has not modified its common-law doctrine, but Florida's Stand Your Ground law (§ 776.012) interacts with arrest scenarios in complex ways.

5. Force Permitted

A private person making a lawful arrest may use reasonable, non-deadly force. Deadly force is limited to self-defense or defense against a forcible felony under Fla. Stat. § 776.031.

6. Hand-Off Duty

The arrestee must be delivered to a law enforcement officer without unnecessary delay.

7. Risks

False arrest, false imprisonment, battery, and kidnapping (Fla. Stat. § 787.01) exposure if statutory or common-law requirements are not met.

8. Shopkeeper's Privilege

Fla. Stat. § 812.015 authorizes merchants, their employees, and law enforcement to detain a person they have probable cause to believe has committed retail theft, in a reasonable manner and for a reasonable time, with immunity from suit.

9. Stand-Your-Ground / Castle Doctrine

Fla. Stat. §§ 776.012-776.031 provide expansive self-defense rights, separate from citizen's arrest authority.

10. Practical Recommendation

Florida defense attorneys advise calling 911 and providing identification information rather than effecting a citizen's arrest, given the risk of escalation and criminal liability.

This is legal information, not legal advice.