California Guard Card (BSIS)

Under California Penal Code §835, an arrest is made by which of the following?

1. AAnnouncing 'you are under arrest,' since the spoken declaration is what legally completes it
2. BAn actual restraint of the person, or by submission to the custody of an officerCorrect
3. CSummoning police to the scene, because an arrest only begins when a peace officer arrives
4. DHaving a witness positively identify the suspect, which fixes the identity and effects the arrest

Why: Penal Code §835 defines an arrest as being made by 'an actual restraint of the person, or by submission to the custody of an officer.' The person arrested may be subjected to such restraint as is reasonable for the arrest and detention. Verbal statements (a), summoning police (c), and witness identification (d) do not by themselves constitute an arrest under §835.Cal. Penal Code §835

The U.S. Supreme Court in Graham v. Connor (1989) 490 U.S. 386 established that the constitutional reasonableness of force is judged from:

1. AThe subjective intent of the officer at the moment force was applied, since a good motive is what makes a use of force reasonable
2. BThe perspective of a reasonable officer on the scene, without the benefit of 20/20 hindsight, considering the totality of the circumstancesCorrect
3. CThe view of the suspect who was subjected to the force, because the person on the receiving end is best placed to say whether it was excessive at the time
4. DAn outcomes-based test focused on the injuries actually inflicted, so that force producing no injury is reasonable and force producing injury is not

Why: Graham v. Connor adopted the objective-reasonableness standard for Fourth Amendment seizure-by-force claims: courts judge force from the perspective of a reasonable officer on the scene, without 20/20 hindsight, considering all the facts and circumstances, including the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or attempting to flee. Subjective intent (a) is not the test; suspect perception (c) is not the standard; outcome-based liability (d) was rejected. Although Graham concerns peace officers, its reasonableness framework informs private-security civil standards.Graham v. Connor (1989) 490 U.S. 386