Morrison, CO asked in Criminal Law for Colorado

Q: If a warrant is issued for the arrest of a person, can I make a citizen's arrest?

Let's say a warrant was issued for a rapist well over a year ago, and the said rapist has still not been brought to justice. If I happen to know where the perpetrator works and lives, would I be able to make a citizen's arrest, even if a warrant has already been issued?

Related Topics:
1 Lawyer Answer

Tristan Kenyon Schultz

  • Fort Collins, CO
  • Licensed in Colorado

A: Citizen arrests in Colorado are allowed in two situations: (1) the perpetrator committed the crime in the alleged crime in the private citizen's IMMEDIATE physical presence or (2) if assistance is requested by a police officer in the officer's immediate physical presence. Failure to meet either of these safe harbors will likely result in criminal charges of assault/battery and/or kidnapping/unlawful detainer.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.