Imagine walking to your car and seeing someone trying to break into it. Many people might try to call the police, but what if the car-prowler tries to head for the hills? Would you be brave enough to detain them until police arrive? More importantly, are you allowed to try to apprehend them under Washington state law?
The act of immobilizing a person you saw commit a crime is known as a citizen's arrest. The action is separate from vigilantism, which is when a person takes law enforcement work into their own hands. One of Washington's most famous vigilantes is Phoenix Jones, the alter-ego of Seattleite Ben Fodor and leader of the Rain City Superhero Movement.
Law enforcement typically views vigilantism as someone punishing others for committing crimes, according to Sgt. Darren Moss, a spokesperson with the Pierce County Sheriff's Department who spoke with The News Tribune. In contrast, a citizen's arrest is an action private citizens can make that can potentially aid law enforcement.
Here is what Moss and Washington state law experts have to say about the action of a citizen's arrest.
Does Washington state have citizen's arrest?
According to Moss, a citizen's arrest is a private citizen's right to detain someone they witnessed committing a crime.
An important point to keep in mind is that a person must actually witness the crime themselves. Detaining someone you heard someone else say committed a crime would not be classified as a citizen's arrest. If you detained a person that you didn't see commit a crime, you would be falsely imprisoning someone, which is a felony itself, according to Seattle-based attorney office Will & Will.
Private citizens also don't have the authority to take a person to jail for committing a crime, Moss says.
Moss adds that law enforcement authorities can deputize private citizens to arrest another person if the officer verbally commands them to do so.
What Washington crimes can have a citizen's arrest?
Washington law says that a private citizen can detain someone they witness committing a misdemeanor or felony. So if you see someone committing property damage — which can be either a misdemeanor or felony — or trying to steal a car (theft of a motor vehicle is a felony) you could restrain that person if you felt it was necessary.
"Defending yourself, defending your property ... it is within the law," Moss said.
Moss says that when store employees restrain people trying to shoplift, they are performing a citizen's arrest. He notes that restraining people for shoplifting is a common example. However, retail stores may enact policies that restrict employees from trying to stop thieves, which is common with big box stores that have multi-state locations. In June, a Lowe's worker from Georgia was fired for attempting to stop three shoplifters. Lowe's confirmed to CNN on Tuesday that the company has rehired the employee.
Washingtonians cannot perform a citizen's arrest against someone who commits an infraction, Moss says. Examples of infractions include littering, speeding while driving or failing to yield at a stop sign.
Alternatives to a citizen's arrest
Although private citizens have the right to detain someone committing a nefarious act, Moss urges people not to get involved if they don't need to.
"At the end of the day, if it's a property crime, they can take your property. But we don't want them to take your life."
He recommends taking a video of the person committing a crime or trying to get information from them rather than trying to restrain them. He also says if you see someone committing a crime and you believe them to be dangerous, don't alert the suspect. Call law enforcement authorities right away.
