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

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Accepted Answer

1. Statutory Authority   Washington has no comprehensive citizen's arrest statute. Authority derives from common law ( State v. Gonzales , 24 Wn. App. 437 (1979)). Use of force in arrest is codified at   RCW 9A.16.020  .    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 be a breach of the peace committed in the citizen's presence. Routine 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 Georgia Post-Arbery Comparison   Georgia repealed its broad citizen's arrest statute via   HB 479   in May 2021 after Ahmaud Arbery's killing. Washington has not enacted comparable legislation but has tightened police use-of-force rules generally.    5. Force Permitted   Under   RCW 9A.16.020(2)  , force may be used by a private person making a lawful arrest in proportion to the reasonable need. Deadly force is restricted to circumstances justifying self-defense or defense against a forcible felony.    6. Hand-Off Duty   The arrestee must be delivered without unnecessary delay to a law enforcement officer.    7. Risks   Unlawful imprisonment (  RCW 9A.40.040  ), assault, and kidnapping (§ 9A.40.020/.030) charges; civil tort liability for false arrest and battery.    8. Shopkeeper's Privilege     RCW 4.24.220   provides a defense for merchants who detain a person on reasonable grounds to believe they have committed retail theft, when the detention is reasonable in time and manner.    9. Stand-Your-Ground / Castle Doctrine   Washington recognizes a no-duty-to-retreat doctrine through case law ( State v. Studd , 137 Wn.2d 533 (1999)). This is independent of arrest authority.    10. Practical Recommendation   Washington defense attorneys advise calling 911. The common-law doctrine offers narrow protection, and unlawful-imprisonment charges are seriously prosecuted.  This is legal information, not legal advice.