Powers to ArrestQuestion 30 of 200
Penal Code §835 limits the restraint authority of any person making an arrest. The standard is:
a.Such restraint only as is reasonable for the arrest and detention
b.Whatever force the arrestor believes necessary, in good faith
c.Maximum force consistent with officer safety
d.Force that matches or exceeds the suspect's resistance
Explanation
Penal Code §835 states that the person arrested 'may be subjected to such restraint as is reasonable for his arrest and detention.' Reasonableness is judged objectively from the totality of circumstances and is independent of the arrestor's subjective intent (b). Options (c) and (d) describe escalation models that would routinely produce excessive force. The §835 standard applies to all arrestors, peace officer and private alike, although peace officers also have additional statutory protections under §835a and Graham v. Connor's objective reasonableness test.
Law Reference: Cal. Penal Code §835Practice all 200 questions free — no signup required.
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