Powers to ArrestQuestion 39 of 200
Civil Code §43.55 and Penal Code §847(b) provide what kind of immunity from civil claims for false arrest?
a.Statutory protection for peace officers acting on reasonable cause to arrest; private persons enjoy narrower protection that depends on satisfying §837 (particularly the §837(3) 'in fact committed' rule for felonies)
b.Absolute immunity for any arrest made by anyone, regardless of basis
c.Immunity for private guards but not peace officers
d.No immunity exists — every arrest creates personal civil liability
Explanation
Civil Code §43.55 protects peace officers from civil liability for false arrest if they had reasonable cause to arrest and acted without malice. Penal Code §847(b) provides similar peace-officer protection. Private persons effecting citizen's arrests must comply with §837's stricter requirements — particularly the §837(3) 'in fact committed' rule — and have less robust statutory protection. Options (b), (c), (d) misstate the asymmetric immunity structure that distinguishes peace-officer from private-person liability.
Law Reference: Cal. Civil Code §43.55; Cal. Penal Code §847(b)Practice all 200 questions free — no signup required.
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