Powers to ArrestQuestion 11 of 200
Penal Code §490.5(f) ('shopkeeper's privilege') allows a merchant or merchant's agent (including a security guard) to:
a.Use any level of force to detain a suspected shoplifter
b.Detain a person they have probable cause to believe stole merchandise, in a reasonable manner and for a reasonable time, to investigate or surrender to a peace officer
c.Conduct a full strip search of any suspected shoplifter
d.File criminal charges directly with the District Attorney
Explanation
Penal Code §490.5(f)(2) gives merchants (and employees/agents, including security) a limited privilege to detain a person they have probable cause to believe unlawfully took merchandise. The detention must be in a reasonable manner and last no longer than reasonably necessary to investigate ownership and to await a peace officer. Excessive force (a), strip searches (c), and prosecutorial charging (d, which is the DA's role) exceed the privilege and expose the guard and merchant to civil liability for false imprisonment, battery, or civil-rights violations.
Law Reference: Cal. Penal Code §490.5(f)Practice all 200 questions free — no signup required.
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