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Can you legally make a citizen's arrest in Arkansas? | VERIFY

Tonight, an old Arkansas law confirms what one viewer wants to know: "Is it legal in the state of Arkansas for a private citizen to make a 'citizen's arrest?'" You'll be surprised what we found out from a long-time prosecuting attorney.

LITTLE ROCK, Ark. (KTHV) - Tonight, an old Arkansas law confirms what one viewer wants to know: "Is it legal in the state of Arkansas for a private citizen to make a 'citizen's arrest?'" You'll be surprised what we found out from a long-time prosecuting attorney.

Larry Jegley has been Pulaski County's prosecuting attorney for 28 years. During his career, has he ever heard of a private citizen making an arrest. However, Jegley verified that, under an old law, it is legal for a private citizen to make a citizen's arrest. Though it's technically legal, Jegley said it may not be a good idea to go around arresting people.

"I'll be honest with you. We really, really advise against it," Jegley said. "In this day and age, especially with concealed carry and people who carry guns whether they have a permit or not, you don't know what you're getting into as a private when you choose to encounter someone else."

Jegley also noted that there are rules surrounding the law. Specifically, there has to be reasonable suspicion, or probable cause, for an arrest to be made.

Arkansas Code 16-81-106 states clearly "a private person" can make an arrest where there's "reasonable grounds for believing the person arrested has committed a felony." Jegley estimates that law is likely more than a hundred years old, even though it's still on the books.

"The smart thing is to observe, take notes if you have the capability and notify front-line law enforcement at 911 as quickly as possible," Jegley said. "I don't want anyone out there thinking that just because they see something gives them the right to lay hands on another individual."

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