TexasCHLforum.com

TXI has pretty well covered most of this issue. I wanted to add a little to make sure everyone is aware of a few of the fine points.

One I especially like is the arrest to prevent the consequences of the theft. Any person can do this BUT, please note the code exactly. This is not an authority to arrest a thief, but an authority to seize the stolen property first, and then the thief IF he can be seized. In other words, if the thief does not have the property in his possession, you better not try to arrest him. To further this, I usually point out that this section is not under the chapter covering arrest authorities, but is covered in the search warrant section, further indicating its emphasis on property.

Also, note the wording of the authority to arrest for non-felonies. The old wording was a breach of the peace and it now reads against the public peace. I have seen many people argue that this covers all offenses since they are all charged as against the peace and dignity of the State of Texas. I agree with TXI that this is just those offenses that are a breach of the peace and occurs in public. Most of disorderly conduct is covered, and assaults that happen in public are. I am not sure a burglary of a motor vehicle would be covered. But this is a very vague area of the law that is not used very often.

The most common use of citizen's arrest laws is by retail personnel and uniformed security guards. The very grayness of this law is one of the reasons that most of the major chains do not allow their personnel to stop anyone except under the most limited circumstances. Many do not prosecute but instead bar the person from the premises just to avoid this mess.