Citizen’s Arrest – From Mayberry to Suffolk
I read a story in the Virginia-Pilot in which it described an incident of Citizen’s Arrest. In the story, a fire inspector, using a flashing blue light on his car, stopped a female driver. He claimed the driver had been swerving, and he stopped her because of his concern she may have been drinking.
A Suffolk, Virginia detective witnessed the incident. After consultation with fellow police officers, the police department urged the Commonwealth’s Attorney to press charges against the fire inspector for impersonating an officer.
The Commonwealth’s Attorney declined. He cited a Virginia case, Hudson v. Commonwealth, for the legal principle that private citizens have a common law right to make a “Citizen’s Arrest.”
I will not go into all of the other complicating legal issues relating to a Citizen’s Arrest, like what obligations does a person have to obey the citizen making the arrest, what force can the citizen use to make the arrest, etc. No, my purpose is more of humorous nature, because the incident reminded me of my childhood, watching Mayberry RFD. In this particular episode, Gomer Pyle shows the proper way to make a Citizen’s Arrest of Deputy Barney Fife:
That said, in recent years, citizen’s arrest laws have attracted renewed national attention following several high-profile criminal cases. Although some states have substantially restricted or repealed citizen-arrest laws, Virginia continues to recognize a limited common-law right of citizen’s arrest under circumstances recognized by Virginia courts. Although a citizen’s arrest may be lawful, it can expose the person making the arrest to significant criminal and civil liability if the arrest is unlawful or excessive force is used. In many situations, contacting law enforcement is the safer course of action.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
