How do I make a “citizen’s arrest” in Nevada?

You may use no more force than reasonably necessary to detain suspects. Deadly force is never allowed during citizen’s arrests unless you are acting in self-defense.

If you execute an illegal citizen’s arrest, you face criminal prosecution depending on the circumstances of the case. Possible penalties include incarceration, fines, and victim restitution payments to the person you unlawfully arrested.

The following flowchart shows the process for conducting a legal citizen’s arrest.

In this article, our Las Vegas criminal defense attorneys discuss how to make citizen’s arrests in Nevada under NRS 171.126:

• 1. Definition
• 2. When I can make a citizen’s arrest
• 3. Use of force
• 4. Shopkeeper’s privilege
• 5. Penalties for unlawful citizen’s arrests
• Additional reading

1. Definition

A citizen’s arrest is when you place a criminal suspect under arrest even though you are not a law enforcement member. Typically, you order the suspect to freeze and may have to physically restrain the suspect until the police can arrive to take over.¹

2. When I can make a citizen’s arrest

NRS 171.126 provides three situations where you may place a criminal suspect under arrest:

1. The suspect committed any crime in your presence (in other words, you witnessed the suspect breaking the law);
2. The suspect committed a felony crime, even if you did not witness it; or
3. A felony has been committed, and you have reasonable cause to believe the suspect committed it

In short, the only situation where you may not make citizen’s arrests is if the suspect allegedly committed a misdemeanor or gross misdemeanor outside of your presence.

Note that warrants are not required to make a citizen’s arrest in Nevada. Also note that citizen’s arrests may occur at any time, day or night; there are no periods when citizen’s arrests are off-limits.²

3. Use of force

When you perform a citizen’s arrest on a criminal suspect, you may use no more force than reasonably necessary under the circumstances.

For example, if a suspect surrenders and does not resist, you should not then beat up the suspect; instead, you should just remain with the suspect until the police arrive.

The only time you may use deadly force on an arrestee is in lawful self-defense or defense of others. So unless the suspect poses a threat of serious bodily injury to anyone, you have no legal justification to kill the suspect no matter what crime they may have committed.³

4. Shopkeeper’s privilege

Nevada law permits storekeepers to take suspected thieves into custody and detain them on the premises in a reasonable manner and for a reasonable length of time until the police can arrive. Some merchants opt to release suspects without calling the authorities as long as the suspects turn over the stolen goods.⁴

Storekeepers will not be held civilly or criminally liable for reasonably detaining a suspected shoplifter as long as they have the following notice conspicuously displayed in the store in boldface type:

Any merchant or his or her agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.

Learn more about the shopkeeper’s privilege (NRS 597.850).

5. Penalties for unlawful citizen’s arrests

If you perform an unlawful citizen’s arrest, you face one or more of the following criminal charges depending on the circumstances of the arrest.

5.1. False imprisonment

False imprisonment (NRS 200.460) occurs when you illegally deprive another person of their freedom of movement. Holding someone down during an illegal citizen’s arrest could qualify as false imprisonment.

Committing false imprisonment with use of a deadly weapon is a category B felony, carrying one to six years in Nevada State Prison. Otherwise, false imprisonment is a gross misdemeanor, carrying:

• Up to 364 days in jail, and/or
• Up to $2,000 in fines

5.2. Assault with a deadly weapon

Assault with a deadly weapon (NRS 200.471(2)(b)) occurs when you use a gun or other dangerous object to place another person in reasonable fear of immediate bodily harm. Pointing a pistol at someone during an illegal citizen’s arrest could qualify as assault with a deadly weapon.

Assault with a deadly weapon is prosecuted as a category B felony, carrying:

• 1 – 6 years in prison, and/or
• up to $5,000 in fines

5.3. Impersonation of an officer

Impersonation of a public officer (NRS 199.430) occurs when you defraud another by passing yourself off as a public officer. In 2012, a person was arrested in Las Vegas for an illegal citizen’s arrest for falsely claiming to the suspect that he was a police officer.⁵

Impersonating a police officer is a gross misdemeanor, carrying:

• Up to 364 days in jail, and/or
• Up to $2,000 in fines

In addition, you may have to pay victim restitution to victims who sustained damages from your false impersonation.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Citizen’s Arrest Doctrine: Enabling the Modern-Day Vigilante – LSU Law Journal for Social Justice & Policy.
• The Puzzling Persistence of Citizen’s Arrest Laws and the Need to Revisit Them – Howard Law Journal.
• Citizen’s Arrest and Race – Ohio State Journal of Criminal Law.
• Vilifying the Vigilante: A Narrowed Scope of Citizen’s Arrest – Cornell Journal of Law & Public Policy.
• Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal Law – Criminal Law and Philosophy.

Legal References