Mendenhall v. Skaggs Companies, Inc.

The appellant is correct in his contention that a private citizen cannot arrest on the basis of probable cause to suspect commission of a misdemeanor. For the contrary proposition the majority cites Kroger Grocery & Baking Co. v. Waller, 208 Ark. 1063, 189 S.W.2d 361 (1945), and Mo. Pac. R.R. Co. v. Quick, 199 Ark. 1134, 137 S.W.2d 263 (1940). In the Kroger case the arrest was made by a police officer who was presumably called to the scene by a store employee. In the Mo. Pac. case, the opinion is based on the assumption, although the testimony left some doubt, that the person making the…