Powers to ArrestQuestion 1 of 200
Under California Penal Code §835, an arrest is made by which of the following?
a.Announcing 'you are under arrest,' since the spoken declaration is what legally completes it
b.An actual restraint of the person, or by submission to the custody of an officer
c.Summoning police to the scene, because an arrest only begins when a peace officer arrives
d.Having a witness positively identify the suspect, which fixes the identity and effects the arrest
Explanation
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.
Law Reference: Cal. Penal Code §835This topic, taught in full in the California Guard Card (BSIS Security Guard) guide. California Guard Card — Complete Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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Related questions on this topic
- A private security guard takes a shoplifter into custody. Under §835, what level of restraint may the guard use?
- An unarmed suspect, without being touched, hears the guard say 'you are under arrest' and stops, putting hands behind back. Has an arrest occurred under §835?
- Which arrest authority does §836 grant peace officers that is broader than the authority §837 grants private persons?
- Two minutes ago, a witness reported seeing someone slap another person inside the store. The suspect is still nearby in the parking lot. Under §837, may the guard arrest the suspect for the misdemeanor battery?
- A private security guard receives a credible report that an identified employee committed a commercial burglary (felony) earlier that shift. The employee is still on the premises. Under §837, may the guard arrest the employee?
- 'Reasonable cause' under §837 means which of the following?
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