M Civ JI 116.06 False Arrest - Defense - Right of Private Citizen to Arrest

An arrest is lawful if it is made by a private citizen in any one of the following circumstances:

(a) for a felony committed in [ his / her ] presence

(b) when the person to be arrested had committed a felony although not in the presence of the citizen

(c) *(when [ he / she ] is summoned by a peace officer to assist said officer in making an arrest)

†(The elements of the crime of [ specify felony ] are [ state elements of the felony ].)

Note on Use

*Delete subparagraph c if not an issue.

†If defendant relies wholly on subparagraph c, the last paragraph of this instruction should not be given.

If defendant is a private security guard, see MCL 338.1080.

Comment

Subsections a through c of this instruction state substantially, in the language of the statute, three of four circumstances in which a private citizen has a right to arrest. MCL 764.16. See also Bright v Littlefield, ___ Mich ___; 641 NW2d 587 (2002); Freeman v Meijer, Inc, 95 Mich App 475; 291 NW2d 87 (1980); Nash v Sears Roebuck & Co, 12 Mich App 553; 163 NW2d 471 (1968); Maliniemi v Gronlund, 92 Mich 222; 52 NW 627 (1892). For rights of a merchant, agent, or employee of a merchant, or independent contractor providing security for a merchant, to make an arrest, see MCL 764.16(d).

History

M Civ JI 116.06 was added September 1982.