Powers to ArrestQuestion 12 of 200

A security guard sees a person acting suspiciously near merchandise but has not seen a theft. The guard approaches and asks the person to stop and speak briefly. This encounter is best characterized as:

a.An arrest under §835, since any approach by a uniformed guard restrains the person
b.A consensual encounter; no detention has occurred unless a reasonable person would not feel free to leave
c.An automatic violation of the person's rights, since a guard may not question anyone without cause
d.A search under the Fourth Amendment, which constrains private security guards on private property exactly as it constrains police

Explanation

California recognizes three levels of encounter: (1) consensual contact — no restraint, no justification required; (2) detention — temporary restraint requiring reasonable suspicion of criminal activity; (3) arrest — full custody requiring reasonable/probable cause. A consensual approach where the person remains free to walk away is not a seizure (People v. Bennett (1998) 17 Cal.4th 373). Once a reasonable person would not feel free to leave, a detention has occurred and must be justified. A full arrest requires §837 authority. The Fourth Amendment applies most directly to government actors; private security operates within state-law constraints, primarily §490.5 and §837.

Law Reference: Cal. Penal Code §490.5; People v. Bennett (1998) 17 Cal.4th 373

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