Citizen's Arrest

Here is what Illinois Law says about Arrest by a Private Person (725 ILCS 5/107-3) "Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed."

In the U.S., all states permit "Citizen Arrests" if a felony is committed in the presence of the Private Person. Illinois Law above also includes misdemeanors, but not ordinance violations. Generally by "arresting someone" the general consensus is that means you are detaining them until Law Enforcement authorities can arrive. A State's Attorney can always charge someone with a crime based on another person's testimony or urging, but in that case the charges are placed by the State's Attorney or a Police Officer.

It is important to note that a private person does not have the authority or legal protections that are often applied to the Police. A Private Person is liable under both Civil and Criminal law for the violation of the rights of another. Private Persons are for the most part not trained in arrest techniques and are not armed, so it can be dangerous for them to attempt arresting another person. It is likely that the person being arrested may resist with force or even a weapon. Excessive force could also result in charges against the person trying to arrest another.

The best course of action for a Private Person is to report the incident to Police as soon as possible, and be a good witness. Remember descriptions, details, what happened and what was said, then give that information to a Police Officer. Of course there are situations where a Private Person feels they must become involved, for instance in defense of themselves or another defenseless person. Even then, the safest course of action may be to scare the offender off or stop the assault without attempting to detain the offender.