(a) A private person may arrest another for any public offense:
(1) Committed in his presence;
(2) Where a felony has been committed, though not in his presence, by the person arrested; or
(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.
(b) An arrest for felony may be made by a private person on any day and at any time.
(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.
(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.
(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
(Code 1852, §§449-452; Code 1867, §§3998-4001; Code 1876, §§4668-4671; Code 1886, §§4266-4268; Code 1896, §§5215-5217; Code 1907, §§6273-6275; Code 1923, §§3267-3269; Code 1940, T. 15, §§158-160.)
Notes of Decisions
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993).
· cites it 6× “Regarding public policy and social considerations, we find it significant that Smitherman was injured during the course of a criminal act, and that as a private citizen Smitherman was authorized, but was not compelled, to arrest McCafferty, and, as a merchant, was authorized to…”
Robinson v. Ash, 374 F. Supp. 3d 1171 (M.D. Ala. 2019).
· cites it 2× “None of these exceptions covers Defendant's actions. Defendant uses the arrest and search warrant exceptions to argue that a municipal officer may investigate a crime that occurred outside the city's corporate limits, but within his county.”
Parker v. State, 360 So. 2d 344 (Ala. Crim. App. 1978).
“Appellant contends also that he was illegally arrested by a private citizen who did not advise appellant of the offense for which he was being arrested as provided by Section 15-10-7 Code of 1975. It is obvious from the testimony of the victim’s son that he did not formally…”
Morgan v. Hope, 371 So. 2d 416 (Ala. 1979).
“Code 1975, § 15-10-7. We do not hold that State Docks guards possess no authority to arrest, only that they are not “law enforcement officers” within the meaning of the longevity pay act.”
— Ala. Code § 15-10-7(a)(1) — 1 case
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993).
“Regarding public policy and social considerations, we find it significant that Smitherman was injured during the course of a criminal act, and that as a private citizen Smitherman was authorized, but was not compelled, to arrest McCafferty, and, as a merchant, was authorized to…”
— Ala. Code § 15-10-7(c) — 1 case
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993).
“Regarding public policy and social considerations, we find it significant that Smitherman was injured during the course of a criminal act, and that as a private citizen Smitherman was authorized, but was not compelled, to arrest McCafferty, and, as a merchant, was authorized to…”
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