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 on private property
c.Authority to write citations payable to the property owner
d.Authority to immobilize the vehicle with a boot

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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