Penal Code §853.6 (release on citation for misdemeanors) authority belongs to:
Explanation
Penal Code §853.6 allows a peace officer to release a person arrested for a misdemeanor on a written promise to appear, in lieu of taking the person before a magistrate. The authority is statutorily limited to peace officers. A private security guard who has made a citizen's arrest must deliver the arrestee to a peace officer or magistrate without unnecessary delay under §847; the guard cannot issue a citation, set bail, or release the arrestee on a promise to appear. Options (b)-(d) invent authority that does not exist for private persons.
Law Reference: Cal. Penal Code §853.6This 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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