After a lawful private-person arrest, Penal Code §847 requires the private person to:
Explanation
Penal Code §847(a) requires a private person who has arrested another 'without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer.' Delay beyond what is reasonably necessary may invalidate the arrest and exposes the guard to false-imprisonment civil claims. Private security does not conduct interrogations (a), maintain custody indefinitely (c), or have authority to release based on apology (d) — those decisions belong to peace officers and the DA.
Law Reference: Cal. Penal Code §847(a)This 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
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