Powers to ArrestQuestion 10 of 200
After a lawful private-person arrest, Penal Code §847 requires the private person to:
a.Hold the arrestee until they confess to the offense
b.Take the arrestee before a magistrate, or deliver them to a peace officer, without unnecessary delay
c.Process the arrestee through the security company's office first
d.Release the arrestee if they apologize and promise not to return
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)Practice all 200 questions free — no signup required.
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