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