When can a private citizen make a citizen's arrest in South Carolina?

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Accepted Answer

1. Statutory Authority   South Carolina codifies citizen's arrest at   S.C. Code Ann. § 17-13-10   and § 17-13-20.    2. Felony Standard   Under § 17-13-10, "upon (a) view of a felony committed, (b) certain information that a felony has been committed, or (c) view of a larceny committed, any person may arrest the felon or thief and take him to a judge or magistrate."    3. Misdemeanor Standard   South Carolina's statute is narrower for misdemeanors - generally limited to larceny (which may be a misdemeanor or felony depending on value). Ordinary misdemeanors do not support 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 Georgia Post-Arbery Comparison   Georgia repealed its broad citizen's arrest statute via   HB 479   in May 2021 after Ahmaud Arbery's killing. South Carolina has not modified § 17-13-10, though its "certain information" standard has been narrowly construed to require near-certainty (not mere reasonable belief).    5. Force Permitted   Force must be reasonable. South Carolina's Protection of Persons and Property Act (  S.C. Code § 16-11-440  ) governs deadly force in self-defense - this is separate from arrest authority and restricts deadly force to imminent threat of death/great bodily injury or to prevent forcible felony.    6. Hand-Off Duty   The arrestee must be taken to a judge or magistrate (  § 17-13-10  , last clause).    7. Risks   Kidnapping (  S.C. Code § 16-3-910  ), false imprisonment (common-law misdemeanor), assault and battery, and civil tort liability.    8. Shopkeeper's Privilege     S.C. Code § 16-13-140   authorizes merchants to detain a person on reasonable grounds to believe they have committed shoplifting, in a reasonable manner for a reasonable time, with immunity.    9. Stand-Your-Ground / Castle Doctrine     S.C. Code § 16-11-440   is South Carolina's expansive stand-your-ground and castle doctrine, separate from arrest authority.    10. Practical Recommendation   South Carolina attorneys advise calling 911. The "certain information" standard is strict, and exposure to kidnapping charges is real if requirements are not met.  This is legal information, not legal advice.