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, peace officer or private person, regardless of the basis for it, so long as the arrestor did not act out of personal spite
c.Immunity for private guards but not for peace officers, on the theory that a guard acting for a private employer is not a state actor and so cannot be sued for a false arrest
d.No immunity of any kind exists — every arrest, lawful or not, exposes the arrestor personally to civil liability for false imprisonment, which is why liability insurance is carried

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)

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