ASK THE SHERIFF: How does a person make a citizen's arrest?
DEAR SHERIFF: Can you describe the process for making a citizen’s arrest?
www.goshennews.com
In addition to arrest, the proper use of force must be considered for the action to be legal and to avoid undue liability by the citizen. Indiana Code IC 35-41-3-3 says in part: “A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person’s escape if a felony has been committed and there is probable cause to believe the other person committed that felony. However, such a person is not justified in using deadly force unless that force is justified under [IC 35-41-3-2] …”
IC 35-41-3-2 states in part, “… A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force …”