Powers to ArrestQuestion 36 of 200
Penal Code §853.6 (release on citation for misdemeanors) authority belongs to:
a.Peace officers — not private security guards
b.Any person making a citizen's arrest
c.BSIS-licensed guards with 5+ years of service
d.Security supervisors who hold a notary commission
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 §853.6Practice all 200 questions free — no signup required.
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