Powers to ArrestQuestion 21 of 200
Under Penal Code §849(a), what must occur after a peace officer takes custody of a person arrested by a private security guard?
a.The peace officer must immediately release the arrestee on the guard's recognizance
b.The peace officer becomes the arresting party for all purposes and the guard's involvement ends
c.The peace officer must, without unnecessary delay, take the person before the nearest magistrate in the county where the offense was triable
d.The peace officer must wait 24 hours before booking the arrestee
Explanation
Penal Code §849(a) requires that when a person arrested without a warrant is delivered into custody, the arresting or receiving officer 'shall, without unnecessary delay, take the person arrested before the nearest or most accessible magistrate in the county in which the offense is triable.' This is the back-end counterpart to §847's delivery duty. The guard's report and testimony remain relevant (b is overbroad); booking timelines are governed by Penal Code §825 (48-hour rule, excluding Sundays/holidays), not 24 hours (d); release under §849(b) is discretionary, not automatic (a).
Law Reference: Cal. Penal Code §849(a)Practice all 200 questions free — no signup required.
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