Under Penal Code §849(a), what must occur after a peace officer takes custody of a person arrested by a private security guard?
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)This topic, taught in full in the California Guard Card (BSIS Security Guard) guide. California Guard Card — Complete Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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