ClEET Phase 3 Private Investigator Practice Exam

Which statement best describes the arrest authority for private investigators?

They have the same authority as a private citizen They may arrest in all circumstances with no warrants They do not have general arrest authority; any arrest would be under citizen's arrest or be limited They may arrest only when authorized by law and rarely in practice

Correct Answer:

They do not have general arrest authority; any arrest would be under citizen's arrest or be limited

Explanation:

Private investigators do not have general arrest powers. They are not police officers, so their authority to detain or arrest is limited to what a private citizen may do or to very narrow, statute-specific circumstances. In practice, this means they should rely on law enforcement for arrests. If a PI believes a crime is happening, the typical route is to report to police rather than make an arrest themselves. Some laws may allow a private citizen to perform a citizen’s arrest under strict conditions, and a PI might operate under those rules only in those very limited contexts. But there is no broad, automatic arrest authority for private investigators.

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