Powers to ArrestQuestion 24 of 200
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.Any person, including private security, who witnesses any DV indicator
b.Property managers who hold a real-estate license
c.BSIS-registered guards who completed DV training
d.Peace officers responding to a report of DV — not to private security guards
Explanation
Penal Code §836(c)(1) authorizes (and in some circumstances requires) a peace officer responding to a domestic violence call to make a warrantless misdemeanor arrest based on probable cause that DV occurred, even outside the officer's presence — an exception to the in-presence misdemeanor rule. This authority is specific to peace officers. Penal Code §13701 sets DV response policies for law enforcement agencies. Private security guards do not have §836(c) authority; the guard's role is to ensure safety, call police, and preserve evidence. Options (a)-(c) wrongly extend statutory peace-officer authority to private persons.
Law Reference: Cal. Penal Code §836(c)(1); §13701Practice all 200 questions free — no signup required.
Related questions on this topic
- Under Penal Code §849(a), what must occur after a peace officer takes custody of a person arrested by a private security guard?
- 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?
- When a peace officer releases an arrestee under §849(b)(1) (insufficient grounds), Penal Code §849.5 treats the incident as:
- 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:
- Which of the following best summarizes a key procedural difference between a peace-officer arrest and a private-person arrest?
- A guard hears (but does not see) two customers shouting inside a store, then sees one customer slap the other in the parking lot as the guard exits. The slap (battery, §242) occurred in the guard's presence. Which authority applies?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review