Michigan Compiled Laws

Mich. Comp. Laws § 764.16 (2026)

Arrest by private person; situations.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

764.16 Arrest by private person; situations.

Sec. 16.

A private person may make an arrest—in the following situations:

(a) For a felony committed in the private person's presence.

(b) If the person to be arrested has committed a felony although not in the private person's presence.

(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17150 ;-- CL 1948, 764.16 ;-- Am. 1988, Act 19, Eff. June 1, 1988

Notes of Decisions

Cited in 40 cases (2 in the last 5 years), 1955–2026 · leading case: Bright v. Ailshie, 641 N.W.2d 587 (Mich. 2002).

Sort: Relevance Newest Treatment

Bright v. Ailshie, 641 N.W.2d 587 (Mich. 2002). · cites it 13× “[ 1 ] The Court of Appeals affirmed. Plaintiff has applied for leave to appeal.”

Moore v. Detroit Ent., LLC, 755 N.W.2d 686 (Mich. Ct. App. 2008). · cites it 6× “Under MCL 764.16, private persons are given the authority to make arrests under certain situations.”

People v. Couch, 461 N.W.2d 683 (Mich. 1990). · cites it 10× “[2] We would hold that a private citizen making an arrest pursuant to MCL 764.16; MSA 28.875 is not privileged to use deadly force to prevent a fleeing felon's escape unless the arresting citizen reasonably believes that the felon poses a significant threat of serious physical…”

People v. Hamilton, 638 N.W.2d 92 (Mich. 2002). · cites it 5× “MCL 764.16. In this case, the Court said that principle was not applicable because the officer did not have probable cause to believe that the defendant had committed a felony.”

Lewis v. Farmer Jack Div., Inc, 327 N.W.2d 893 (Mich. 1982). · cites it 7× “” MCL 764.16; MSA 28.875. As under the common law, this act indicates that a private citizen has no authority to make an arrest unless a felony was actually committed or unless directed to do so by a peace officer.”

Norris v. City of Lincoln Park Police Officers, 808 N.W.2d 578 (Mich. Ct. App. 2011). “See MCL 764.16. In the deposition of Officer Vann, plaintiffs counsel asserted that Officer Vann should have attempted to remove plaintiff because he was taller and larger than Officer Malkowski, a petite female.”

People v. Passage, 743 N.W.2d 746 (Mich. Ct. App. 2008). “MCL 764.16(d) provides that a private person may make an arrest [i]f the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person…”

People v. Passage, 277 Mich. App. 175 (Mich. Ct. App. 2007). “MCL 764.16(d) provides that a private person may make an arrest [i]f the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person…”

People v. Lovett, 272 N.W.2d 126 (Mich. Ct. App. 1978). · cites it 2× “[5] MCL 764.16; MSA 28.875. [6] We also note that the seizure could be justified under the "plain view" doctrine on the basis that the police had a right to go to defendant's residence to question him about the crime.”

People v. Whitty, 292 N.W.2d 214 (Mich. Ct. App. 1980). · cites it 2× “[2] MCL 764.16; MSA 28.875: "A private person may make an arrest "(a) For a felony committed in his presence; "(b) When the person to be arrested has committed a felony although not in his presence; "(c) When summoned by any peace officer to assist said officer in making an…”

People v. Bashans, 265 N.W.2d 170 (Mich. Ct. App. 1978). · cites it 2× “MCLA 764.16; MSA 28.875. The officers’ surveillance of the house that was broken and entered, to which they followed defendants from their own jurisdiction, throughout the commission of the crime clearly gave them probable cause to arrest defendants pursuant to MCLA 764.”

People v. Robinson, 194 N.W.2d 537 (Mich. Ct. App. 1972). · cites it 4× “MCLA § 764.16 (Stat Ann 1954 Rev § 28.875) provides: "A private person may make an arrest "(a) For a felony committed in his presence; "(b) When the person to be arrested has committed a felony although not in his presence; "(c) When summoned by any peace officer to assist…”

Show all 40 citing cases →

— Mich. Comp. Laws § 764.16(a) — 2 cases

Lewis v. Farmer Jack Div., Inc, 327 N.W.2d 893 (Mich. 1982). “” MCL 764.16; MSA 28.875. As under the common law, this act indicates that a private citizen has no authority to make an arrest unless a felony was actually committed or unless directed to do so by a peace officer.”

People v. Couch, 439 N.W.2d 354 (Mich. Ct. App. 1989).

— Mich. Comp. Laws § 764.16(b) — 2 cases

Bright v. Ailshie, 641 N.W.2d 587 (Mich. 2002). “[ 1 ] The Court of Appeals affirmed. Plaintiff has applied for leave to appeal.”

Artur Zawada v. Patrick Hogan (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 764.16(c) — 2 cases

People v. Burden, 288 N.W.2d 392 (Mich. Ct. App. 1979).

— Mich. Comp. Laws § 764.16(d) — 2 cases

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.