When can a private citizen make a citizen's arrest in Tennessee?
1. Statutory Authority
Tennessee codifies citizen's arrest at Tenn. Code Ann. § 40-7-109(a).
2. Felony Standard
Under § 40-7-109(a)(2)-(3), a private person may arrest where a felony has been committed and the citizen has reasonable cause to believe the arrestee committed it. The felony must have actually occurred.
3. Misdemeanor Standard
Under § 40-7-109(a)(1), a private person may arrest for any public offense (including misdemeanor) committed in their presence. Tennessee's "public offense in presence" provision is broader than most states.
4. Georgia Post-Arbery Comparison
Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Tennessee has not modified § 40-7-109.
5. Force Permitted
Tenn. Code Ann. § 39-11-621 permits private persons to use force in arrest analogous to officer authority but deadly force is restricted to circumstances where the citizen reasonably believes the arrestee has committed a felony involving the use or threat of deadly force or poses an immediate threat of death/serious injury.
6. Hand-Off Duty
The arrestee must be taken without unnecessary delay before a magistrate or delivered to a law enforcement officer (Tenn. Code Ann. § 40-7-113).
7. Risks
False imprisonment (Tenn. Code Ann. § 39-13-302), kidnapping (§ 39-13-303), assault, and civil liability for false arrest.
8. Shopkeeper's Privilege
Tenn. Code Ann. § 40-7-116 authorizes merchants to detain a person they have probable cause to believe is shoplifting, in a reasonable manner for a reasonable time, with immunity from civil and criminal liability.
9. Stand-Your-Ground / Castle Doctrine
Tenn. Code Ann. § 39-11-611 provides stand-your-ground; § 39-11-614 covers defense of property. These operate independently of arrest authority.
10. Practical Recommendation
Tennessee attorneys advise calling 911. Even with Tennessee's relatively broad statute, the consequences of error are severe.
This is legal information, not legal advice.
- You are charged with false imprisonment or kidnapping after a citizen's arrest
- You face a civil suit for false arrest or battery
- You manage retail and rely on § 40-7-116 detention authority
- Tenn. Code Ann. § 40-7-109
- Tenn. Code Ann. § 39-11-621
- Tenn. Code Ann. § 40-7-116
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.