When a peace officer releases an arrestee under §849(b)(1) (insufficient grounds), Penal Code §849.5 treats the incident as:
Explanation
Penal Code §849.5 expressly provides that when a person is arrested and released under §849(b)(1), 'the arrest shall be deemed a detention only.' This protects the released person from carrying an arrest record where the officer concluded there was insufficient basis to proceed. Penal Code §851.6 reinforces this by requiring records to reflect a detention rather than an arrest. Options (b), (c), and (d) misstate the legal effect and would undermine the protective purpose of the statute.
Law Reference: Cal. Penal Code §849.5This 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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