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 — employees cannot be arrested by guards
b.Citizen's arrest under §837(1) for the in-presence theft, but only if the value is under $950
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 until the employee returns the merchandise

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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