Powers to ArrestQuestion 29 of 200

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:

a.Only call police — an employee is not a stranger to the business, so a guard may report a theft by a coworker but may not arrest one

b.Citizen's arrest under §837(1) for the in-presence theft, but only if the value is under $950; above that figure only a peace officer may arrest

c.Citizen's arrest under §837(1) for grand theft (§487) — a felony — observed in the guard's presence, plus possible §490.5 detention authority if a retail context applies

d.Detain indefinitely, for as long as it takes to have the merchandise returned to the warehouse, since the goods are company property the guard is posted to protect

Explanation

Theft of property over $950 may be charged as grand theft (PC §487), a wobbler that can be a felony. Because the offense occurred in the guard's presence, §837(1) authorizes a private-person arrest for the public offense — whether characterized as a misdemeanor or felony. The shopkeeper's privilege (PC §490.5) supplements this in retail contexts. Indefinite detention (d) violates §847; option (b) misstates the value threshold's effect on in-presence authority; option (a) wrongly denies citizen's-arrest authority for in-presence offenses.

Law Reference: Cal. Penal Code §§484, 487, 490.5, 837(1)

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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:

Explanation

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