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 a private security guard, who witnesses an indicator of domestic violence
b.Property managers and on-site resident managers who hold a California real-estate license
c.BSIS-registered guards who have completed the Bureau's domestic-violence response 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); §13701

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