A security guard patrols the sidewalk in front of a privately owned office building. The sidewalk is a public right-of-way. Which is correct about the guard's authority on that sidewalk?
Explanation
Citizen's-arrest authority under §837 is not limited to private property — any public offense committed in the guard's presence may trigger §837(1) authority. However, the property owner's right to exclude under §602 applies to private property, not to public sidewalks where there is no trespass. The guard may not order pedestrians off a public right-of-way for mere presence. Options (a), (c), (d) misstate the public-private distinction and create false-arrest exposure if acted upon.
Law Reference: Cal. Penal Code §602; California Constitution, Art. IThis 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 →
Practice all 200 questions free — no signup required.
Own the complete California Guard Card (BSIS Security Guard) guide — PDF + EPUB, $9.99 →
Related questions on this topic
- 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?
- May a private security guard lawfully compel a person on private property to produce identification?
- Penal Code §853.6 (release on citation for misdemeanors) authority belongs to:
- Penal Code §11166 (Child Abuse and Neglect Reporting Act) mandated reporter status applies to certain professionals. With respect to security guards, the statute generally:
- Civil Code §43.55 and Penal Code §847(b) provide what kind of immunity from civil claims for false arrest?
- Business & Professions Code §7583.39 holds the licensee (security company) responsible for which of the following conduct by an employee guard?
Last reviewed: · editorial process