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.(1) Only for an offense committed inside the officer's own assigned patrol district; (2) only while the officer is working an assigned shift in uniform; (3) and not for a felony that was already complete before the officer came on duty that day
b.(1) Only after a supervisor gives verbal authorization over the radio; (2) only when the suspect has already been detained by somebody else at the scene; (3) and not on private property unless the owner is present and consents to the arrest
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.(1) Only during daylight hours, unless a warrant has already issued; (2) only for an offense the officer personally watched from beginning to end; (3) and not on the strength of what a witness or a dispatcher reported to the officer

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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