Powers of Arrest
What this domain tests
Nevada gives private persons a narrow arrest power under NRS 171.126. Questions test the presence rule, the felony rule, and what happens after the arrest.
The rule
A private person may arrest:
- For a public offense committed or attempted in the guard's presence;
- When the person arrested has committed a felony, even if the guard did not see it;
- When a felony has in fact been committed and the guard has reasonable cause to believe that person committed it.
For misdemeanors, presence is essential. "Public offense" includes felonies, gross misdemeanors, and misdemeanors. After arrest, deliver the person to a peace officer or magistrate without unnecessary delay. Use only reasonable force, and stop when resistance ends.
Merchant detention
Nevada also recognizes a limited merchant's privilege: a guard may briefly detain a suspected shoplifter to investigate, recover property, and summon police. The detention must be reasonable in manner, length, and purpose.
Worked example
A guard sees a man punch a customer in the store. That is battery, a misdemeanor, committed in the guard's presence, so a citizen's arrest is lawful. Later, a cashier says a different man stole a wallet yesterday. That misdemeanor was not in the guard's presence, so he may report but not arrest. If police broadcast that an armed robber just committed a felony and the guard recognizes the described man, NRS 171.126(3) may support an arrest.
Traps
Arresting for a misdemeanor not seen. Holding a prisoner for hours waiting for a manager. Searching a detainee's entire bag after a weapons pat-down. Chasing a fleeing shoplifter and using force after the immediate danger has passed.