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The Oklahoma Citizen’s Arrest

The Oklahoma Citizen’s Arrest

The Oklahoma Citizen’s Arrest

In Oklahoma, a private citizen may arrest a person if the citizen has reasonable cause to believe the person has committed a crime. The arrest is known as a citizen’s arrest. Arrests by citizens are very similar to arrests by police officers: the citizen may restrain a suspected criminal and then deliver him to a police officer or the stationhouse. 22 O.S. § 22-187.

Just as police officers must have probable cause to arrest a suspect, citizens must also have probable cause. Because most citizens have not been trained in arrest and restraint procedures, it may be easier to challenge your arrest by a citizen on suspicion of driving under the influence.

In a 2005 case, Burke v. State ex rel. Dep’t of Public Safety, 2005 OK Civ. App. 92 (2005), the Oklahoma Court of Civil Appeals considered whether the implied consent law applies if a citizen seeks the assistance of police in arresting a suspect. The citizen spotted a driver weaving erratically all over the highway. She called the police, continued to follow him, and stopped nearby when he pulled off the highway. He approached her and questioned why she was following him, slurring his words. Then he drove off. She followed, and police arrived when he stopped again. The citizen identified the driver to the police officers.

The officers had the citizen and the driver sit in two different cars, asking the citizen if she wanted to make an arrest and having her sign citation forms for driving under the influence and straddling lane lines. One officer then told the driver that the citizen had arrested him and gave him the citation forms. The officer gave the driver an “implied consent advisory”. The driver refused to submit to a breath or blood test, so his license was automatically revoked under 47 O.S. § 753.1 (2001).

The driver challenged the validity of the citizen’s arrest. In evaluating the arrest, the court reviewed the applicable statutes, noting that the citizen does not actually have to physically restrain the person he is arresting. Merely delivering a suspect into police custody is enough. The court looked to a number of similar cases in which citizens had been enlisted to help the police or had delivered suspects to the police. It concluded that the arrest was valid. Burke v. State ex rel. Dep’t of Public Safety, 2005 OK Civ. App. 92 (2005). In other words, the standards on a valid citizen’s arrest can be challenged, if not always successfully.

To learn more about citizen’s arrests in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.