Powers to ArrestQuestion 49 of 200

If a private security guard holds a citizen's arrestee for an unreasonably long time before delivering them to police, the guard's likely exposure includes:

a.Civil claims for false imprisonment and possible invalidation of the underlying arrest; loss of statutory protections under Civil Code §43.55

b.Only a verbal warning from BSIS, since delay in delivering an arrestee is an administrative matter rather than a legal one

c.An automatic criminal conviction under §148 for delaying the arrestee's transfer, which applies to private persons exactly as it does to officers

d.No exposure at all, provided the arrest was lawful when it was first made, because that initial lawfulness carries through the entire detention that follows

Explanation

Penal Code §847 requires delivery to a peace officer or magistrate 'without unnecessary delay.' Unreasonable delay can invalidate an otherwise lawful citizen's arrest and supports false-imprisonment civil claims (Civil Code §43.55's protection against false-arrest claims applies primarily to peace officers; private persons depend on §837 compliance). PC §148 (c) addresses obstruction of peace officers, not delay by an arresting private person. Options (b), (d) understate the legal exposure; BSIS may also impose discipline.

Law Reference: Cal. Penal Code §847; Civ. Code §43.55

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If a private security guard holds a citizen's arrestee for an unreasonably long time before delivering them to police, the guard's likely exposure includes:

Explanation

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