What is Citizen’s Arrest?

Citizen’s arrest isn’t just something you hear about on crime shows—it’s a real legal option in Texas. But it’s also one that comes with limits, responsibilities, and real risks if you don’t understand how it works.

This article breaks down what a citizen’s arrest is under Texas law, when it’s allowed, and what could go wrong if you overstep. Whether you’re just curious or dealing with a real-life situation, here’s what you need to know.

What Is a Citizen’s Arrest in Texas?

A citizen’s arrest occurs when a private citizen detains a person committing a serious crime. While this act is allowed under specific circumstances in Texas, it’s not equivalent to what police officers are authorized to do.

According to state law, a lawful arrest by a civilian is permitted—but only in rare and high-stakes situations. You don’t have the broad powers of a peace officer, and making the wrong call can expose you to criminal and civil consequences.

Texas Law Says About Citizen’s Arrest

The legal foundation for Citizen’s Arrest in Texas is found in the Texas Code of Criminal Procedure, Article 14.01(a):

“A peace officer or any other person may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classified as a felony or as an offense against the public peace.”

In simple terms:

• The person who commits the crime must be doing it in front of you.
• The act must be committing a felony or a breach of the peace.
• You may only use reasonable force—not excessive or deadly force unless acting in self-defense.

This means you can’t detain someone because you think they committed a crime earlier. You must actually see it happening.

What Kinds of Crimes Justify a Citizen’s Arrest?

Felonies 

Under Texas law, a citizen can make an arrest if they witness a felony offense. Examples include:

• Armed robbery
• Burglary
• Aggravated assault
• Drug trafficking
• Car theft

These are crimes that usually involve violence, danger, or significant property loss—and can lead to more than a year in prison.

Crimes Against Public Peace

This category is a little more vague, but it typically includes:

• Rioting or inciting a riot
• Firing a weapon in public
• Public fighting or brawling that endangers others

If an act clearly disturbs public peace or threatens others, and you witness it directly, you may have grounds for intervention.

On the other hand, lower-level crimes like shoplifting, trespassing, or a Class A misdemeanor usually do not justify a citizen’s arrest unless they escalate into a felony or involve public safety threats.

How a Citizen’s Arrest Works in Practice

If you personally witness someone committing a crime that qualifies under the law, here’s what you’re allowed to do as a private citizen:

1. Stop the person from leaving using non-lethal, reasonable force.
2. Call the police immediately.
3. Remain at the scene and cooperate with law enforcement.

What you cannot do:

• Use deadly force unless your life is in danger (and even then, it falls under self-defense laws, not arrest laws).
• Chase someone across town.
• Physically restrain them in a dangerous or aggressive way unless it’s necessary to prevent escape.

Remember: “detain” doesn’t mean tackle or cuff someone. It means lawfully preventing them from fleeing the scene until police officers arrive.

What Happens After the Arrest?

If you legally detain someone, police will arrive and take over. Your role then becomes:

• Providing your statement as a witness
• Explaining why and how you detained the person
• Possibly testifying later if the case goes to court

That said, law enforcement will also evaluate your actions. If they determine you used excessive force, made a mistake, or violated the suspect’s rights, you could be charged.

The Legal Risks of Citizen’s Arrest in Texas

Even if you believe you’re doing the right thing, there are risks:

• Unlawful restraint or false imprisonment – If the crime didn’t meet the legal standard or you didn’t see it happen yourself.
• Assault charges – If you use more force than the situation legally allows.
• Civil lawsuits – If the person you detained gets injured or claims harm, they could sue you.
• Criminal charges against you – Even a mistake in judgment could lead to arrest and prosecution.

That’s why most legal professionals say: Be cautious. Be smart. And when in doubt, be a witness—not a vigilante.

Arrested? Don’t Plea, Call Me!

Understanding what a citizen’s arrest is in Texas can be the difference between helping in a crisis and facing charges yourself. The law gives Texans a narrow right to act, but it also holds you accountable if you overstep. Whether you made a citizen’s arrest in good faith or were unlawfully detained by someone else, the legal consequences can be serious and fast-moving.

If you’re involved in a situation related to a citizen’s arrest, whether as the person who detained someone or the one who was detained, our criminal defense team is ready to help. We’ve defended Texans in complex criminal matters for years, and we know how to protect your rights.