Arrest by Private Person — Grounds

1. Law
2. Tennessee Code
3. Criminal Procedure
4. Arrest
5. General Provisions
6. Arrest by Private Person — Grounds

1. A private person may arrest another:
   1. For a public offense committed in the arresting person's presence;
   2. When the person arrested has committed a felony, although not in the arresting person's presence; or
   3. When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
2. A private person who makes an arrest of another pursuant to §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.

Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.

Cross-References. Extension of police authority beyond corporate limits, §6-54-301.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.162.

Law Reviews.

At the Intersection of Sovereignty and Contract: Traffic Cameras and the Privatization of Law Enforcement Power (William D. Mercer), 43 U. Mem. L. Rev. 379 (2012).

Torts (John W. Wade), 6 Vand. L. Rev. 990.

Attorney General Opinions. Statute requiring police officers to provide notice of their authority or grounds for arrest does not apply to security officers; however, a security officer must provide notice of the grounds of an arrest, OAG 03-018 (2/19/03).

A security guard may enter a room to prevent and detect the use of illegal drugs, OAG 03-148 (11/17/03).

Effect of Acts 2014, ch. 531 on arrests by private citizens, security officers; warrant requirements where affiant not a law enforcement officer. OAG 14-93, 2014 Tenn. AG LEXIS 96 (10/24/14).

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