Powers to ArrestQuestion 4 of 200
Which arrest authority does §836 grant peace officers that is broader than the authority §837 grants private persons?
a.Authority to use a baton during arrest
b.Authority to arrest for a felony based on reasonable cause, even where no felony was in fact committed
c.Authority to write incident reports
d.Authority to carry a firearm on duty
Explanation
Penal Code §836(a) allows a peace officer to arrest on probable cause that a felony was committed, with significant protection from civil liability even if it later turns out no felony actually occurred. Penal Code §837(3), by contrast, requires that a felony 'has been in fact committed' — a mistake about whether any crime occurred can expose the private person to false-arrest liability (see Cervantez v. J.C. Penney Co.). This is the most consequential difference between peace-officer and private-person arrest authority. Tools (a, d) and reporting (c) are not the relevant statutory distinction.
Law Reference: Cal. Penal Code §§836, 837Practice all 200 questions free — no signup required.
Related questions on this topic
- Under California Penal Code §835, an arrest is made by which of the following?
- A private security guard takes a shoplifter into custody. Under §835, what level of restraint may the guard use?
- An unarmed suspect, without being touched, hears the guard say 'you are under arrest' and stops, putting hands behind back. Has an arrest occurred under §835?
- Two minutes ago, a witness reported seeing someone slap another person inside the store. The suspect is still nearby in the parking lot. Under §837, may the guard arrest the suspect for the misdemeanor battery?
- A private security guard receives a credible report that an identified employee committed a commercial burglary (felony) earlier that shift. The employee is still on the premises. Under §837, may the guard arrest the employee?
- 'Reasonable cause' under §837 means which of the following?
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