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 like a peace officer's search 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 if the guard reasonably suspects concealed items
d.No — any search by a private person is unlawful
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 303Practice all 200 questions free — no signup required.
Related questions on this topic
- When making a private-person arrest, what does Penal Code §841 generally require the arrestor to do?
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