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

1. Statutory Authority

Missouri has no general citizen's arrest statute. Authority derives from common law (State v. Parker, 378 S.W.2d 274 (Mo. App. 1964)). Use of force in arrest is codified at Mo. Rev. Stat. § 563.041.

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 reasonable grounds to believe the arrestee committed it.

3. Misdemeanor Standard

For misdemeanors, the offense must amount to a breach of the peace and be committed in the citizen's presence. Routine 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Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Missouri has not modified its common-law doctrine.

5. Force Permitted

Under Mo. Rev. Stat. § 563.041, a private person may use reasonable force to effect a lawful arrest. Deadly force is restricted to self-defense circumstances under § 563.031 and is generally not permitted to make an arrest.

6. Hand-Off Duty

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

7. Risks

False imprisonment (Mo. Rev. Stat. § 565.130), kidnapping (§ 565.110), assault, and civil tort liability for false arrest.

8. Shopkeeper's Privilege

Mo. Rev. Stat. § 537.125 authorizes merchants to detain a person they have probable cause to believe has committed shoplifting, in a reasonable manner for a reasonable time, with civil immunity.

9. Stand-Your-Ground / Castle Doctrine

Mo. Rev. Stat. § 563.031 provides stand-your-ground rights. Separate from arrest authority.

10. Practical Recommendation

Missouri defense attorneys advise calling 911 rather than acting on common-law arrest authority. Mistakes about whether a felony occurred are not excused.

This is legal information, not legal advice.