Which arrest authority does §836 grant peace officers that is broader than the authority §837 grants private persons?
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, 837This 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 →
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Related questions on this topic
- Under California Penal Code §835, an arrest is made by which of the following?
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