Can You Really Make a Citizen’s Arrest in South Dakota?

Book em' Dano! You're coming downtown with me. We can do this the easy, or the hard way, whichever you prefer.

Have you wondered if you have the right to make a citizen's arrest in the great state of South Dakota or is that just some made-up stuff we see on television and in the movies?

Here in South Dakota, technically, you do, thanks to South Dakota Codified Law 23A-3-3. Any person may arrest another, however, there are a few stipulations, more on that in a minute.

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First, let's get the definition of a citizen's arrest. According to Cornell Law School, a citizen's arrest is an arrest made by a private citizen, in contrast to the typical arrest made by a police officer. And citizen arrests are technically lawful in situations where you as an average citizen personally witness a violent crime being committed and attempt to detain the perpetrator of said crime until a law enforcement officer can arrive.

The article from the folks at Cornell clearly states that any person can physically detain another in order to arrest them, but state statutes define the limited circumstances in which this deprivation of liberty is allowed.

Here in South Dakota, the way the law is written, citizen arrests are legal for a public offense, other than a petty offense, committed or attempted in a person's presence; or a felony which has been in fact committed although not in his or her presence, if he or she has probable cause to believe the person to be arrested committed it.

Having said that, you should probably consider tapping the breaks a bit before you decide to grab your set of handcuffs and start going all Kojack on everyone you suspect is breaking the law.

Citizen arrests can get a bit murky. In a story done with KOTA television in Rapid City, Lieutenant Chris Hislip, with the Pennington County Sheriff's Office, told KOTA he suggests people use caution before attempting to make a citizen's arrest. Hislip says it's difficult for civilians to determine whether it's reasonable to take action in the eyes of the law.

Instead, he recommends civilians be very good witnesses and sign a formal complaint so law enforcement officers can bring lawbreakers to justice.

And when you really stop and think about it, that's probably the route you should travel for your own safety. Let the cops do their jobs!

Source: Cornell Law School/South Dakota Legislature.Gov/KOTA