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

1. Statutory Authority

Michigan codifies citizen's arrest at Mich. Comp. Laws § 764.16.

2. Felony Standard

Under § 764.16(a)-(b), a private person may arrest for a felony committed in their presence, or for a felony actually committed by the arrestee (whether or not in the citizen's presence) when the citizen has reasonable cause to believe the arrestee committed it.

3. Misdemeanor Standard

Section 764.16(c) authorizes arrest where the citizen is summoned by a peace officer; § 764.16(d) authorizes merchants under specific theft circumstances. General misdemeanor citizen's arrest is not authorized.

4. Georgia Post-Arbery Comparison

Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Michigan has not modified § 764.16.

5. Force Permitted

Michigan recognizes the right to use reasonable force to effectuate a lawful arrest. Deadly force is generally restricted to self-defense circumstances under the Michigan Self-Defense Act, Mich. Comp. Laws § 780.972.

6. Hand-Off Duty

The arrestee must be delivered without unnecessary delay to a peace officer (§ 764.16 and common-law practice).

7. Risks

False imprisonment (Mich. Comp. Laws § 750.349b - unlawful imprisonment), assault, and kidnapping (§ 750.349) exposure; civil tort liability for false arrest.

8. Shopkeeper's Privilege

Mich. Comp. Laws § 600.2917 provides merchants and library personnel a privilege to detain on probable cause in a reasonable manner for a reasonable time, with immunity from civil liability.

9. Stand-Your-Ground / Castle Doctrine

Mich. Comp. Laws § 780.972 provides stand-your-ground rights, separate from arrest authority.

10. Practical Recommendation

Michigan attorneys advise calling 911. The § 764.16 felony-actually-committed standard is unforgiving: if the citizen is mistaken about whether a felony occurred, they have no defense to false-imprisonment claims.

This is legal information, not legal advice.