Powers to ArrestQuestion 2 of 200
A private security guard takes a shoplifter into custody. Under §835, what level of restraint may the guard use?
a.Whatever force is necessary to ensure no escape, regardless of severity
b.Only handcuffs; any other restraint is unlawful
c.Such restraint as is reasonable for the arrest and detention
d.No physical restraint at all
Explanation
Penal Code §835 expressly allows that the arrestee 'may be subjected to such restraint as is reasonable for his arrest and detention.' Excessive or punitive restraint exceeds this authority and exposes the guard to civil and criminal liability. Handcuffs are permissible if reasonable, but the law does not require them (b); 'whatever force is necessary' (a) is not the statutory standard; no restraint at all (d) would defeat the arrest.
Law Reference: Cal. Penal Code §835Practice all 200 questions free — no signup required.
Related questions on this topic
- Under California Penal Code §835, an arrest is made by which of the following?
- An unarmed suspect, without being touched, hears the guard say 'you are under arrest' and stops, putting hands behind back. Has an arrest occurred under §835?
- Which arrest authority does §836 grant peace officers that is broader than the authority §837 grants private persons?
- Two minutes ago, a witness reported seeing someone slap another person inside the store. The suspect is still nearby in the parking lot. Under §837, may the guard arrest the suspect for the misdemeanor battery?
- A private security guard receives a credible report that an identified employee committed a commercial burglary (felony) earlier that shift. The employee is still on the premises. Under §837, may the guard arrest the employee?
- 'Reasonable cause' under §837 means which of the following?
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