Michigan Laws 764.16 – Arrest by private person; situations
Current as of: 2023 | Check for updates
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A private person may make an arrest—in the following situations:
(a) For a felony committed in the private person’s presence.
Terms Used In Michigan Laws 764.16
- Arrest: Taking physical custody of a person by lawful authority.
- Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(b) If the person to be arrested has committed a felony although not in the private person’s presence.
(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.
(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.