Powers to ArrestQuestion 34 of 200

A driver runs through a parking lot stop sign at a private mall. The on-duty unarmed Guard Card holder wants to stop the vehicle and detain the driver. What authority does the guard have?

a.No peace-officer traffic-stop authority; the guard is not a peace officer under §830 and Vehicle Code §2800 vests stop authority in peace officers, not private security
b.Full traffic-stop authority anywhere on the private property the guard is posted to protect, including its parking lots and access roads
c.Authority to write citations for moving violations in the lot, payable to the property owner rather than to the traffic court
d.Authority to immobilize the vehicle with a wheel boot and hold it until the driver identifies himself and the property owner decides whether the vehicle may be released to him

Explanation

Penal Code §830 enumerates the categories of peace officers; private security guards are not peace officers. Vehicle Code §2800 makes it a crime to disobey a peace officer's lawful order, presupposing the order comes from a peace officer. A Guard Card holder cannot lawfully conduct a vehicle stop, write traffic citations, or impose civil booting on a moving traffic violation alone. The guard may report to police, document plates, and request the vehicle leave private property. Options (b), (c), (d) all misstate or invent authority.

Law Reference: Cal. Vehicle Code §2800; Cal. Penal Code §830

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