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

1. Statutory Authority

Maryland has no general citizen's arrest statute. Authority derives from common law (Stevenson v. State, 287 Md. 504 (1980); Great Atlantic & Pacific Tea Co. v. Paul, 256 Md. 643 (1970)).

2. Felony Standard

A private person may arrest without warrant 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.

3. Misdemeanor Standard

For misdemeanors, the offense must constitute a breach of the peace and occur in the citizen's presence. Maryland courts construe "breach of peace" 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Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Maryland has not modified its common-law doctrine.

5. Force Permitted

Reasonable force may be used. Maryland recognizes no statutory stand-your-ground; outside the home, common law imposes a duty to retreat where safely possible. Deadly force by a private citizen is sharply restricted.

6. Hand-Off Duty

The arrestee must be delivered promptly to a law enforcement officer or judicial officer.

7. Risks

False imprisonment (Maryland common-law misdemeanor), kidnapping (Md. Code, Crim. Law § 3-502), assault, and civil tort liability for false arrest, false imprisonment, and battery.

8. Shopkeeper's Privilege

Md. Code, Cts. & Jud. Proc. § 5-402 provides merchants and library personnel a defense for detention of suspected shoplifters/library thieves when probable cause exists and detention is reasonable.

9. Stand-Your-Ground / Castle Doctrine

Maryland follows common-law castle doctrine within the home but requires retreat outside; no statutory stand-your-ground.

10. Practical Recommendation

Maryland attorneys strongly advise calling 911. Common-law doctrine is narrow, and the duty-to-retreat principle compounds risk if force is used.

This is legal information, not legal advice.