Powers to ArrestQuestion 26 of 200
Which of the following best summarizes a key procedural difference between a peace-officer arrest and a private-person arrest?
a.A peace officer may arrest for a felony on probable cause even if no felony actually occurred; a private person bears the risk that no felony was 'in fact committed'
b.Peace officers must inform the arrestee of charges; private persons need not
c.Private persons may use deadly force as a first option; peace officers may not
d.Peace officers must obtain a warrant for every arrest; private persons need not
Explanation
The core procedural difference is the §837(3) 'in fact committed' requirement applied to private-person felony arrests, contrasted with the §836 probable-cause standard for peace officers. A peace officer acting reasonably is protected even if it later turns out no felony actually occurred; a private person is not. Both peace officers and private persons must give §841 notice (a is wrong). Deadly force authority is narrower, not broader, for private persons (c). Warrantless arrests are widely authorized for both categories under §§836 and 837 (d is wrong).
Law Reference: Cal. Penal Code §§836, 837; People v. Cervantez factor analysisPractice all 200 questions free — no signup required.
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