Powers to ArrestQuestion 45 of 200
If a peace officer uses unnecessary force on a person under color of authority, Penal Code §149 provides:
a.Criminal liability for the officer — punishable as a misdemeanor or, when great bodily injury occurs, a felony
b.Civil damages only — no criminal exposure
c.Automatic loss of peace-officer certification but no criminal charge
d.Nothing — §149 was repealed
Explanation
Penal Code §149 makes it a public-offense crime for a peace officer to assault or beat a person under color of authority without lawful necessity. Punishment ranges depending on injury; great-bodily-injury cases can trigger felony exposure (with state-prison sentencing options). The statute supplements, rather than replaces, civil remedies and POST/internal discipline. Options (b), (c), (d) understate the criminal exposure. The principle informs private-security training because excessive force can also expose guards to assault (§240) and battery (§242) charges.
Law Reference: Cal. Penal Code §149Practice all 200 questions free — no signup required.
Related questions on this topic
- Under SB 652, the 8-hour Power to Arrest and Appropriate Use of Force course must be completed within what time window before submitting the Guard Card application?
- Under 16 CCR §628 (BSIS training regulations), the passing standard for the Power to Arrest and Appropriate Use of Force course final exam is:
- A peace officer (not a private guard) may arrest under §836(a) without a warrant in which circumstances?
- Penal Code §834 defines an arrest as:
- Penal Code §834a provides that if a person has reasonable cause to believe they are being lawfully arrested by a peace officer, they:
- If a person resists, delays, or obstructs a peace officer in the discharge of duty, Penal Code §148(a)(1) makes the conduct:
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