Powers to ArrestQuestion 22 of 200
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?
a.The arrestee promises not to commit the same offense again
b.The officer is satisfied there are insufficient grounds for a criminal complaint
c.The person was arrested only for intoxication and no further proceedings are desirable
d.The person was arrested only for being under the influence of a controlled substance and is delivered to a treatment facility
Explanation
Penal Code §849(b) lists three statutory grounds for officer release: (1) insufficient grounds for a criminal complaint, (2) arrest for intoxication only with no further proceedings desirable, and (3) arrest for being under the influence of a controlled substance only, with delivery to a county treatment facility. A bare promise not to reoffend (a) is not a statutory ground and does not authorize release; that would be the role of a court or the District Attorney. An §849(b) release is treated as a detention and not an arrest for record purposes.
Law Reference: Cal. Penal Code §849(b)Practice all 200 questions free — no signup required.
Related questions on this topic
- Penal Code §490.5(f) requires what level of belief before a merchant or merchant's agent may detain a suspected shoplifter?
- 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?
- When a peace officer releases an arrestee under §849(b)(1) (insufficient grounds), Penal Code §849.5 treats the incident as:
- A security guard at an apartment complex hears yelling and finds clear signs of recent domestic violence between two residents. Penal Code §836(c)(1) gives a special mandatory-arrest authority in domestic violence cases to:
- A security guard on a residential post sees a man approach the property in clear violation of a posted restraining order against the resident. The guard's most legally sound first step is:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review