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

1. Statutory Authority

Indiana codifies citizen's arrest at Ind. Code § 35-33-1-4.

2. Felony Standard

Under § 35-33-1-4(a)(1)-(2), any person may arrest another when (a) the other has committed a felony in the arrester's presence, or (b) a felony has been committed and the arrester has probable cause to believe the other committed it.

3. Misdemeanor Standard

Under § 35-33-1-4(a)(3), a misdemeanor arrest is authorized when it involves "a breach of peace" and is being committed in the citizen's presence. Ordinary misdemeanors do not qualify.

4. Georgia Post-Arbery Comparison

Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Indiana has not modified § 35-33-1-4.

5. Force Permitted

Force must be reasonable. Indiana's broad self-defense and defense-of-others statute (Ind. Code § 35-41-3-2) governs deadly force, which is restricted to imminent threat of death, serious bodily injury, or a forcible felony.

6. Hand-Off Duty

Under Ind. Code § 35-33-1-4(b), the arrestee must be delivered to a law enforcement officer without unnecessary delay.

7. Risks

Criminal confinement (Ind. Code § 35-42-3-3), battery, and civil liability for false arrest and battery.

8. Shopkeeper's Privilege

Ind. Code § 35-33-6-2 authorizes merchants to detain a person they have probable cause to believe has committed shoplifting, in a reasonable manner for a reasonable time, with statutory immunity.

9. Stand-Your-Ground / Castle Doctrine

Indiana has expansive stand-your-ground and castle doctrine provisions in Ind. Code § 35-41-3-2, separate from arrest authority.

10. Practical Recommendation

Indiana defense lawyers recommend calling 911. The "felony actually committed" requirement makes mistaken arrest particularly dangerous.

This is legal information, not legal advice.