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?
Explanation
Battery under §242 is a misdemeanor; if committed in the guard's presence, §837(1) authorizes a private-person arrest. Section 836(c) (a) is the DV mandatory-arrest authority limited to peace officers. Section 835a (b) is the peace-officer use-of-force statute that does not itself confer arrest authority on private persons. Section 849 (c) governs what happens after the arrest, not the authority to make it. The guard should apply reasonable restraint, give §841 notice, and deliver the arrestee under §847.
Law Reference: Cal. Penal Code §§240, 242, 836, 837This 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 →
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