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

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Accepted Answer

1. Statutory Authority   Illinois codifies citizen's arrest at   725 ILCS 5/107-3  : "Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed."    2. Felony Standard   The Illinois statute uses a "reasonable grounds" standard tied to a contemporaneous offense being committed. For past felonies, Illinois case law permits arrest where a felony has occurred and probable cause exists.    3. Misdemeanor Standard   The statute encompasses misdemeanors that are being committed at the time, but excludes ordinance violations. The contemporaneity requirement effectively functions like a presence rule.    4. Georgia Post-Arbery Comparison   Georgia repealed its broad citizen's arrest statute via   HB 479   in May 2021 after Ahmaud Arbery's killing. Illinois has not enacted comparable reform; § 107-3 remains in force.    5. Force Permitted     720 ILCS 5/7-6   governs force in making arrest by a private person. Non-deadly force reasonably necessary is permitted; deadly force is restricted to circumstances where the citizen reasonably believes such force is necessary to prevent death or great bodily harm, or to prevent a forcible felony.    6. Hand-Off Duty   Under   725 ILCS 5/107-5(a)  , the arrestee must be taken without unnecessary delay before the nearest judge in the county where the arrest was made or delivered to a peace officer.    7. Risks   False arrest, false imprisonment, battery, and kidnapping (720 ILCS 5/10-1, 5/10-3) charges. Civil tort exposure under Illinois common law.    8. Shopkeeper's Privilege     720 ILCS 5/16-26   (Retail Theft Detention) authorizes merchants to detain suspected retail thieves on probable cause for a reasonable time in a reasonable manner.    9. Stand-Your-Ground / Castle Doctrine   Illinois does not have a stand-your-ground statute, but recognizes self-defense (720 ILCS 5/7-1) and defense of dwelling (5/7-2). These are separate from arrest authority.    10. Practical Recommendation   Illinois practitioners advise calling 911 rather than invoking § 107-3, given the risk of escalation and criminal exposure if reasonable grounds are later challenged.  This is legal information, not legal advice.