Powers to ArrestQuestion 13 of 200
When making a private-person arrest, what does Penal Code §841 generally require the arrestor to do?
a.Nothing — only peace officers must identify themselves and state the cause
b.Give Miranda warnings before any questioning
c.Inform the person of the intention to arrest, the cause of the arrest, and the authority to make it
d.Obtain the suspect's written consent before restraint
Explanation
Penal Code §841 generally requires the person making an arrest — peace officer or private person — to inform the arrestee of the intention to arrest, the cause of the arrest, and the authority making it. Miranda warnings (b) apply to custodial interrogation by government actors and generally do not bind private security making a citizen's arrest. Written consent (d) is not required. Compliance with §841 supports the lawfulness of the arrest and protects against civil claims.
Law Reference: Cal. Penal Code §841Practice all 200 questions free — no signup required.
Related questions on this topic
- After a lawful private-person arrest, Penal Code §847 requires the private person to:
- Penal Code §490.5(f) ('shopkeeper's privilege') allows a merchant or merchant's agent (including a security guard) to:
- 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:
- Under §841, when may notification of authority to arrest be omitted?
- A security guard effects a lawful citizen's arrest. The suspect resists. What force standard applies to the private person?
- After a lawful private-person arrest, may a security guard search the arrestee?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review