Section 1.17 Citizen’s Arrest
| Library | Criminal Practice 2012 Supp |
D. (§1.17) Citizen’s Arrest
Missouri recognizes and adopts the doctrine of citizen’s arrest. Montgomery v. United States, 403 F.2d 605, 609 (8th Cir. 1968). Missouri cases hold “that a private citizen knowing that a felony has been or is being committed has a right to arrest the offender without a warrant.” Id. at 609. After a citizen’s arrest has transpired, a search by officers is lawful. Id.
Private citizens making an arrest are not governed by the Fourth Amendment. Both federal law and state law “can...
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