Powers to ArrestQuestion 25 of 200
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:
a.Use physical force to detain the man for the felony restraining-order violation
b.Confiscate the man's phone and ID until police arrive
c.Tell the man to leave the area; if he leaves, no further action is needed
d.Call 911 immediately; if the violation is occurring in the guard's presence, a citizen's arrest under §837(1) for the misdemeanor violation of §273.6 is available, using reasonable restraint
Explanation
Violation of a domestic violence restraining order is a misdemeanor under PC §273.6 (and can be charged under §166(a)(4) as contempt). Because the violation is in the guard's presence, §837(1) supports a citizen's arrest using reasonable restraint, with §847 delivery to police. The priority is always immediate notification to law enforcement under §836(c)'s DV framework. Confiscating personal items (b) and unilateral release without report (c) are improper; the offense is generally a misdemeanor, not a felony absent special circumstances (a is mischaracterized).
Law Reference: Cal. Penal Code §§166(a)(4), 273.6Practice all 200 questions free — no signup required.
Related questions on this topic
- 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 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:
- 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?
- A guard observes three people wearing identical gang-affiliated clothing standing together near a posted-private property line. They have not violated any law. May the guard detain them based on appearance alone?
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