Private person's use of force in making an arrest
A private person (not a cop) can physically hold someone or stop them from running away in two situations. First, if a real police officer tells them to help with an arrest, they can use physical force to follow that officer's orders — as long as they believe the arrest is legitimate. Second, on their own, a private person can use physical force to arrest or stop someone they truly believe committed a crime — but only if that person actually did commit the crime and action is needed right away. Deadly force by a private person is only allowed in very limited cases: a law enforcement officer authorizes it, or the person being arrested just committed or tried to commit a very serious felony or murder, or that person is trying to escape using a deadly weapon. If someone wants to claim this as a defense in court, they are the one who has to bring it up.
Classifications stated in the statute. Actual outcomes vary.
563.051. Private person's use of force in making an . — 1. A private person who has been directed by a person he or she reasonably believes to be a to assist such officer to effect an arrest or to prevent escape from may, subject to the limitations of 3 of this section, use physical force when and to the extent that he or she reasonably believes such to be necessary to carry out such officer's direction unless he or she knows or believes that the arrest or arrest is not or was not .
2. A private person acting on his or her own account may, subject to the limitations of subsection 3 of this section, use physical force to arrest or prevent the escape of a person whom such private person reasonably believes has committed an , and who in fact has committed such offense, when the private person's actions are immediately necessary to arrest the or prevent his or her escape from custody.
3. A private person in or in preventing escape from custody is in using only:
(1) When deadly force is authorized under other sections of this chapter; or
(2) When he or she reasonably believes deadly force is authorized under the circumstances and he or she is directed or authorized by a law enforcement officer to use deadly force; or
(3) When he or she reasonably believes such use of deadly force is immediately necessary to arrest a person who at that time and in his or her presence:
(a) Committed or attempted to commit a or murder; or
(b) Is attempting to escape by use of a .
4. The shall have the of under this section.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.