GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: GENERAL OPERATIONS
TITLE: PRIVATE PERSON'S ARREST
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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PRIVATE PERSON'S ARREST
332.1 PURPOSE AND SCOPE
This policy provides guidance for the handling and acceptance of a private person’s arrest.
332.2 POLICY
It is the policy of the Lincoln Police Department to accept a private person’s arrest only when legal and appropriate.
332.3 ARRESTS BY PRIVATE PERSON
A private person may arrest another under the following circumstances (Ala. Code § 15-10-7; Ala. Code § 15-10-14; Rule 4.1, Ala. R. Crim. P.):
(a) When a public offense is committed in his/her presence.
(b) When there is probable cause to believe the person has committed a felony offense.
(c) When a merchant or a merchant's employee has probable cause that the person committed larceny of goods held for sale.
332.4 OFFICER RESPONSIBILITIES
An officer confronted with a person claiming to have made a private person’s arrest should determine whether such an arrest is lawful. If the officer determines that the private person’s arrest is unlawful, the officer should:
(a) Take no action to further detain or restrain the arrested individual, unless there is independent justification for continuing a detention.
(b) Advise the parties that the arrest will not be accepted but the circumstances will be documented in a report.
(c) Document the incident, including the basis for refusing to accept custody of the individual.
Whenever an officer determines that a private person’s arrest is justified, the officer may take the individual into custody and proceed in the same manner as with any other arrest (Ala. Code § 15-10-7; Rule 4.1, Ala. R. Crim. P.).
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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