In spring 2025, the New Jersey Law Revision Commission took a bold step by recommending an end to most citizens' arrest statutes—a practice rooted in 19th-century law that's now seen as dangerous, unclear, and ripe for abuse.

Whether you are facing criminal charges, have been subject to a citizen's arrest, or have been the person doing the citizen's arrest, the Lento Law Firm can help. Contact the Lento Law Firm offices at (888) 535-3686 or fill out the online form to discuss your case.

What Citizens' Arrest Laws Really Say

Under current law, virtually anyone—including librarians, harbor masters, and casino security—can arrest someone for minor public offenses if they claim to witness them "in the act".

These statutes, many untouched for over a century, fail to specify:

• What level of suspicion justifies an arrest
• How much force is permissible
• How long a suspect may be detained
• Whether arresting citizens has any legal immunity

Without this clarity, well-meaning citizens risk violating civil rights—or worse. Some of the issues are:

1. Threats to Safety: Comfortably keeping the peace might sound appealing, but ordinary citizens lack proper training in use-of-force and arrest procedures. The Commission noted the potential for serious or even fatal outcomes, highlighting national tragedies like the 2020 killing of Ahmaud Arbery, where men invoked Georgia's citizen's arrest law to pursue and ultimately kill an innocent Black jogger. That case led Georgia to fully repeal the law in 2021.
2. Civil Rights in Jeopardy: Absent clear rules, wrongful arrests become all too easy, leading to false imprisonment lawsuits, racial profiling, and civil rights violations. The Commission labeled existing statutes “anachronistic,” warning they threaten constitutional liberties.
3. Redundancy in Modern Law Enforcement: Centuries ago, citizen action could save the day; today, we have a comprehensive and accountable police force. As commission counsel Barbara Brosnan Rivera aptly remarked: “Over the years, as organized police forces have developed, the need for citizens' arrest has decreased”. The risk vs. reward no longer adds up.

Commission's Main Recommendations

The tentative report proposes:

1. Removing arrest powers from ordinary citizens and librarians
2. Restricting, clarifying, and potentially eliminating special-official and librarian powers
3. Revising the shopkeeper's privilege for detained suspects—defining duration, force limits, and liability protections

Beyond New Jersey, other states like New York and South Carolina are already considering similar reforms in light of safety and equity concerns

How Reform Helps

If fully adopted, this reform would:

• Minimize wrongful detentions by untrained individuals
• Reduce civil lawsuits and false arrest claims
• Protect civil rights, especially for marginalized communities
• Ensure law enforcement professionals, not vigilante citizens, maintain public safety

Your Next Steps and Where the Lento Law Firm Comes In

As legislators review public comments and finalize the report, change is on the horizon. Those facing legal scrutiny—whether from reckless arrests or ambiguous charges—must prepare now.

The Lento Law Firm Criminal Defense Team is here as a trusted advocate. We have a long history of navigating constitutional and criminal defense in New Jersey, which means our attorneys can:

• Monitor statutory reforms and analyze their immediate impact.
• Defend clients against all charges—even those stemming from a citizen's arrest overreach.
• Advise individuals and businesses on rights, detention boundaries, and potential liability.

Whether you have been the one to perform a citizen's arrest or have been on the receiving end, you don't have to face what comes next alone. Contact the Lento Law Firm at (888) 535-3686 or fill out the online form to discuss your case.