According to a FL court decision, at common law, a private citizen could make an arrest without a warrant in certain specific circumstances: a private citizen does have the common law right to arrest a person who commits a felony in his presence, or to arrest a person where a felony has been committed, and where the arresting citizen has probable cause to believe, and does believe, the person arrested to be guilty. Even though there was time to obtain a warrant, a private citizen may make such an arrest and justify his failure to obtain a warrant by proving the person arrested was actually guilty of a felony.
Phoenix, 455 So. 2d at 1024 (citing Collins v.
State, 143 So.2d 700, 703 (Fla. 2d DCA), cert.
denied, 148 So.2d 280 (Fla. 1962)).


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