Which of the following best summarizes a key procedural difference between a peace-officer arrest and a private-person arrest?
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 (b 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 analysisThis 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 →
Practice all 200 questions free — no signup required.
Own the complete California Guard Card (BSIS Security Guard) guide — PDF + EPUB, $9.99 →
Related questions on this topic
- 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:
- 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 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?
- A warehouse security guard personally watches an employee load three boxes of company merchandise (over $950 value) into a personal car at the end of a shift. The guard's available authority is best described as:
Last reviewed: · editorial process