A security guard finds an individual trespassing on posted private property (PC §602). The guard wants to detain the trespasser pending police arrival. The most legally sound approach is:

a.Use overwhelming force; trespassers have no rights

b.Ask the person to leave; if they refuse, effect a citizen's arrest for the misdemeanor trespass committed in presence under §837(1), using reasonable restraint, and call police promptly

c.Conduct a full search of the person while waiting for police

d.Hold the person indefinitely until they reveal their identity

Explanation

Trespass under §602 is a misdemeanor; if it occurred in the guard's presence, §837(1) authorizes a citizen's arrest. Best practice is to first issue a lawful warning to leave (often resolves the situation), then effect an arrest with reasonable restraint if the person refuses, and contact police promptly to comply with §847's 'without unnecessary delay' rule. Overwhelming force (a) is unlawful; broad searches (c) exceed limited-search authority; indefinite detention (d) violates §847 and exposes the guard to false-imprisonment liability.

Law Reference: Cal. Penal Code §§602, 837(1), 847

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A security guard finds an individual trespassing on posted private property (PC §602). The guard wants to detain the trespasser pending police arrival. The most legally sound approach is:

Explanation

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