Kentucky Private Investigator Practice Test

Under what condition may a private citizen make an arrest?

1. When there is a misdemeanor occurring

2. When a felony has been committed and there is probable cause

3. When witnessing a crime in progress

4. When they are waiting for law enforcement to arrive

The correct answer is: When a felony has been committed and there is probable cause

A private citizen is authorized to make an arrest when a felony has been committed and they have probable cause to believe the person they are arresting is the perpetrator. This aligns with the legal standards governing citizen's arrests, which allow individuals to intervene directly in certain circumstances, ensuring the protection of society and the enforcement of laws. Probable cause is a critical element, as it ensures that citizens do not act arbitrarily but rather based on a reasonable belief that a crime has occurred, making the action justifiable in the eyes of the law. When the crime is a felony, the stakes are higher, and the law provides citizens with the authority to act to apprehend suspects who might otherwise escape justice. The other scenarios involving misdemeanors or witnessing a crime in progress can be more complicated legally. A misdemeanor does not necessarily grant the same level of authority for a citizen's arrest, which is typically more reserved for felonies. Simply witnessing a crime in progress can also have legal ramifications if a citizen attempts an arrest without the appropriate knowledge or justification. Lastly, waiting for law enforcement to arrive does not constitute an arrest and places responsibility solely on the law enforcement officers to take action.