Powers to ArrestQuestion 44 of 200

A peace officer (not a private guard) may arrest under §836(a) without a warrant in which circumstances?

a.Only in the officer's home district
b.Only with a supervisor's verbal authorization
c.(1) For a public offense committed or attempted in the officer's presence; (2) when the officer has probable cause to believe the person committed a felony, whether or not in the officer's presence; (3) when the officer has probable cause to believe the person committed certain misdemeanor offenses with specific statutory authority
d.Only during daylight hours

Explanation

Penal Code §836(a) authorizes peace officers to arrest without a warrant: (1) for a public offense committed or attempted in the officer's presence, (2) on probable cause that the person committed a felony (regardless of presence), and (3) on probable cause for certain misdemeanors with statutory specification. This authority is broader than the §837 private-person framework. Geographic (a), supervisory (b), and time-of-day (d) restrictions are not §836's text. Warrant requirements (§1535) apply only when no warrantless authority exists.

Law Reference: Cal. Penal Code §836(a); §1535 (warrants)

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