Powers to ArrestQuestion 19 of 200
Penal Code §490.5(f) requires what level of belief before a merchant or merchant's agent may detain a suspected shoplifter?
a.Mere suspicion based on the person's appearance
b.Probable cause to believe the person unlawfully took merchandise from the premises
c.Eyewitness video evidence of the taking
d.The suspect's confession before any detention
Explanation
Penal Code §490.5(f)(2) requires the merchant or merchant's agent to have 'probable cause to believe the person to be detained was attempting to unlawfully take or has unlawfully taken merchandise from the premises.' Mere suspicion (a) is insufficient and exposes the guard to false-imprisonment liability. Video (c) and confession (d), while highly probative, are not the statutory threshold — probable cause can be established through other reliable observations.
Law Reference: Cal. Penal Code §490.5(f)(2)Practice all 200 questions free — no signup required.
Related questions on this topic
- After a lawful private-person arrest, may a security guard search the arrestee?
- 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:
- Under §490.5(f), a detention under the shopkeeper's privilege must be:
- California Business & Professions Code §7583.6 (and related BSIS regulations) generally requires what of any person performing security guard duties for compensation in California?
- Under Penal Code §849(a), what must occur after a peace officer takes custody of a person arrested by a private security guard?
- Penal Code §849(b) lists circumstances in which a peace officer may release a person arrested without taking them before a magistrate. Which is NOT one of those grounds?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review