Tennessee § 39-11-621 - Use of deadly force by private citizen.

§ 39-11-621. Use of deadly force by private citizen.

A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§ 39-11-611 and 39-11-612 . Acts 1989, ch. 591, § 1. Sentencing Commission Comments. Tennessee law allows a private citizen acting upon his or her own initiative to arrest for any public offense committed in the citizen's presence, when the person arrested has committed a felony, or where a felony has been committed and the citizen has reasonable cause to believe the person arrested committed it. § 40-7-109 . A citizen who makes an arrest for an offense not committed in the citizen's presence acts at his or her peril. This section implements the arrest laws by permitting the citizen to use reasonable force to effectuate the arrest. It was the consensus of the commission that use of deadly force by private citizens in effecting arrests should be prohibited except to the extent it would be justifiable as self defense or defense of others under this part. See §§ 39-11-611 and 39-11-612 . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Attorney General Opinions. Retaliation by gang members subjected to armed attack, as stated in proposed SB1316 to SB2167 on 3/16/98, OAG 99-009 (1/25/99). The use of handcuffs or restraining devices is permissible by private persons and security guards provided it is reasonably necessary to accomplish an arrest, OAG 03-018 (2/19/03).