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?

a.Equivalent to authority inside the building — full removal of any unwanted person

b.The guard has the same citizen's-arrest authority under §837 anywhere a public offense is committed in presence, but cannot order people to leave a public sidewalk simply for being present

c.No authority at all on any public right-of-way

d.Authority to require a permit from anyone using the 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. I

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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

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