An unarmed suspect, without being touched, hears the guard say 'you are under arrest' and stops, putting hands behind back. Has an arrest occurred under §835?
Explanation
Penal Code §835 lists 'submission to the custody of an officer' as one of the two ways an arrest is made. Physical restraint is not required where the arrestee voluntarily submits. Private security personnel may also effect arrests under §837 (citizen's arrest), and after a lawful private-person arrest must deliver the arrestee without unnecessary delay (§847). A written acknowledgment (d) is not required.
Law Reference: Cal. Penal Code §835, §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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Related questions on this topic
- Under California Penal Code §835, an arrest is made by which of the following?
- A private security guard takes a shoplifter into custody. Under §835, what level of restraint may the guard use?
- Which arrest authority does §836 grant peace officers that is broader than the authority §837 grants private persons?
- Two minutes ago, a witness reported seeing someone slap another person inside the store. The suspect is still nearby in the parking lot. Under §837, may the guard arrest the suspect for the misdemeanor battery?
- A private security guard receives a credible report that an identified employee committed a commercial burglary (felony) earlier that shift. The employee is still on the premises. Under §837, may the guard arrest the employee?
- 'Reasonable cause' under §837 means which of the following?
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