to police”); Sanducci, 315 N.J. Super. at 482 (citizen gave
sworn statement and was victim of crime).
Information received from informants, however, is
treated differently. An informant’s veracity and
knowledge are two critical factors. State v. Caldwell, 158
N.J. 452, 460 (1999) (although a reliable informant,
information about suspect’s race and sex alone was
“clearly inadequate”); State v. Smith, 155 N.J. at 83
(informant’s tip evaluated under “totality of the
circumstances” test and bolstered by police independent
corroboration) (citing Illinois v. Gates, 462 U.S. 213, 103
S.Ct. 2317, 76 L.Ed.2d 527 (1983). Another important
factor to support the tip is whether the details are
corroborated by police. Smith, 155 N.J. at 95-96. (See
also, SEARCH and SEIZURE, this Digest).
IV. WARRANTLESS ARRESTS BY PRIVATE CITIZENS
A private citizen can arrest a disorderly person if the
offense is committed in his or her presence. N.J.S.A.
2A:169-3. When an arrest is made without a warrant, the
prisoner must be taken without unnecessary delay before
the nearest available judge, a complaint should be filed
and a warrant issued. R. 3:4-1; State v. Ferraro, 81 N.J.
Super. 213, 218 (Cty. Ct. 1963).
At common law, a private person may arrest another
where a felony has been committed and the citizen had
probable cause to believe that the person arrested
committed the crime. Rueck v. McGregor, 32 N.J.L. 70,
74 (Sup. Ct. 1866); see also, Barletta v. Golden Nugget
Hotel Casino, 580 F. Supp. 614, 619 (D.N.J. 1984); State
v. McCarthy, 123 N.J. Super. 513, 517 (County Ct.
1973). If no felony has been committed, the arresting
citizen may be sued for false arrest. Rueck v. McGregor, 32
N.J.L. at 70.
By statute, certain citizens have been given the
authority to “cause the arrest” of a person under specified
circumstances. See N.J.S.A. 2C:20-11e (A merchant,
who has probable cause to believe that a person has
shoplifted, and where the merchant can recover the
merchandise by taking the person into custody, may take
the person into custody and detain the person in a
reasonable manner for a reasonable time.); Horn v. Village
Supermarkets, Inc., 260 N.J. Super. 165 (App. Div.
1992), certif. denied, 133 N.J. 435 (1993); Carollo v.
Supermarkets General Corp., 251 N.J. Super. 264 (App.
Div. 1991), certif. denied, 127 N.J. 559 (1992).
In addition, licensed casino employees, who have
probable cause to believe that a person violated N.J.S.A.
5:12-113 to 5:12-116 of the Casino Control Act, may
take such a person into custody. The suspect may be
detained only in a reasonable manner for a reasonable
length of time for the purpose of notifying law
enforcement or casino control commission authorities.
N.J.S.A. 5:12-121. See Pantalone v. Bally’s Park Place
Casino Hotel, 228 N.J. Super. 121 (App. Div. 1988).
N.J.S.A. 5:12-121, however, does not apply to card
counters. Bartolo v. Boardwalk Regency Hotel Casino, Inc.,
185 N.J. Super. 534 (Law Div. 1982).V. PROCEDURE AFTER A WARRANTLESS ARREST
When a suspect is lawfully arrested without a
warrant, the arrested person must be taken to a police
station. Depending upon the nature of the crime, the
police prepare a Complaint-Warrant form (CDR2) or
Complaint-Summons form (CDR1). R. 3:3-1(c); R.3:4-- Where the crime involved is any of the serious crimes
set forth in R. 3:3-1© or is a conspiracy or attempt to
commit these crimes, a Complaint-Warrant form is
prepared and a judicial officer must make a probable
cause determination. See Powell v. Nevada, 511 U.S. 79,
114 S.Ct. 1280, 128 L.Ed.2d 1 (1994) (a delay of more
than 48 hours between a warrantless arrest and a judicial
determination of probable cause is presumptively
unreasonable under the Fourth Amendment); State v.
Tucker, 137 N.J. 259 (1994) (probable cause
determination should be made within twelve hours of
arrest), cert. denied, 513 U.S. 1090, 115 S.Ct. 751, 130
L. Ed. 2d 651 (1995). If probable cause is found, a
warrant is issued and bail set within twelve hours after
arrest. R. 3:4-1(a)(2); 3:4-1(b).
Similarly, a warrant may be issued for other offenses
if various other factors, including the person’s failure to
respond to a prior summons, are present. R. 3:3-1c(2)-
(6).If a judicial officer finds probable cause that an
offense has been committed which is not listed as one of
the serious offenses in the rule, and that the person will
respond to a summons, a summons will be issued. R. 3:3-
1(b), -1(c)(2) and (c)(6); 3:4-1(a)(2). If a Complaint-
Summons form is prepared or issued, a suspect may be
detained only for the purpose of completing all of the
post-arrest identification procedures required by law. R.
3:4-1(c). Thereafter, the defendant will then be brought
before a court to set bail according to R. 3:4-2, or within
72 hours if the defendant is in custody. See, e.g., Connor