Powers to ArrestQuestion 16 of 200

After a lawful private-person arrest, may a security guard search the arrestee?

a.Yes — a full inventory search of pockets and bags, as a peace officer may do incident to arrest
b.A limited search for weapons (officer safety) and to prevent destruction of evidence, pending arrival of police
c.Yes, including a strip search whenever the guard reasonably suspects the arrestee has concealed items under clothing
d.No — any search of a person by a private citizen is unlawful without a warrant or the person's consent

Explanation

A private security guard's authority to search incident to a citizen's arrest is narrower than a peace officer's. The recognized scope is a limited search for weapons (to secure the guard's safety) and to prevent destruction of evidence, pending transfer to a peace officer. Strip searches (c) and full inventory (a) exceed this authority and may constitute battery or unlawful search. Some search authority does exist (so 'never' (d) is wrong). Best practice: avoid all searches when possible, secure the area, and wait for police.

Law Reference: Common-law search incident to citizen's arrest; People v. Sandoval (1966) 65 Cal.2d 303

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