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?

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1 Lawyer Answer

Tristan Kenyon Schultz

Answered
  • 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.

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