# What power of arrest does a non-citizen have? **URL:** \ **Category:** Factual Questions\ **Created:** [September 20, 2016, 4:21pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446 "2016-09-20T16:21:02Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [September 20, 2016, 4:21pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/1 "2016-09-20T16:21:02Z")
We often hear the term “citizen’s arrest”, but what about non-citizens? Do they (in your jurisdiction) have no power of arrest? Say someone is a foreign tourist in your jurisdiction and has the opportunity to detain someone they have witnessed committing a crime? What power of arrest do they have? ---
**Author:** ![Johnny\_Bravo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_bravo/32/493_2.png) [@Johnny\_Bravo](https://boards.straightdope.com/u/Johnny_Bravo)\ **Post date:** [September 20, 2016, 4:23pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/2 "2016-09-20T16:23:43Z")
Some perfunctory searching seems to indicate that the laws allow a “private person” to make an arrest, not a “citizen.” So a foreigner would presumably have the same powers (and risk the same liabilities) as a citizen. “Citizen’s arrest” appears to be a colloquialism and not a legal term. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [September 20, 2016, 5:58pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/3 "2016-09-20T17:58:29Z")
Everyone has the power of common-law arrest in the United States, whether or not they are a citizen. Most states have codified that power in their statutes. For example, here is New York’s statute: > [@NY CPL § 140.30](#): > > 1. Subject to the provisions of subdivision two, any person may arrest another person (a) for a felony when the latter has in fact committed such felony, and (b) for any offense when the latter has in fact committed such offense in his presence. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [September 20, 2016, 6:55pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/4 "2016-09-20T18:55:41Z")
If I recall correctly, you have the same power of arrest as a police officer. You had better be right about the arrest being valid, however, because you do not have any of the immunity that a police officer has against liability for wrongful but good-faith arrests. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 20, 2016, 7:08pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/5 "2016-09-20T19:08:05Z")
[Citizen’s arrest in the U.S.](https://en.wikipedia.org/wiki/Citizen%27s_arrest#United_States), what you can and cannot do. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 20, 2016, 7:21pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/6 "2016-09-20T19:21:19Z")
> [@Tom\_Tildrum](#): > > If I recall correctly, you have the same power of arrest as a police officer. Not quite. An officer may arrest for felonies committed outside his presence. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [September 20, 2016, 7:56pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/7 "2016-09-20T19:56:04Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Not quite. An officer may arrest for felonies committed outside his presence. Also police officers can detain people for investigatory purposes. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [September 20, 2016, 8:04pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/8 "2016-09-20T20:04:24Z")
Obligatory Gomer Citizen’s Arrest video: [The Andy Griffith Show Citizens Arrest - YouTube](https://www.youtube.com/watch?v=G-VJNJhPCNo) ---
**Author:** ![NeonMadman](https://avatars.discourse-cdn.com/v4/letter/n/58f4c7/32.png) [@NeonMadman](https://boards.straightdope.com/u/NeonMadman)\ **Post date:** [September 20, 2016, 8:14pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/9 "2016-09-20T20:14:31Z")
[It works like this.](https://www.youtube.com/watch?v=9efgLHgsBmM) ---
**Author:** ![NeonMadman](https://avatars.discourse-cdn.com/v4/letter/n/58f4c7/32.png) [@NeonMadman](https://boards.straightdope.com/u/NeonMadman)\ **Post date:** [September 20, 2016, 8:37pm UTC](https://boards.straightdope.com/t/what-power-of-arrest-does-a-non-citizen-have/766446/10 "2016-09-20T20:37:27Z")
Oops, I duplicated **Omar\_Little** ’s link. That’s what I get for opening the page and then getting distracted before reading it.