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
c.Automatic criminal conviction under §148
d.No exposure if the arrest was initially lawful
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 §43.55Practice all 200 questions free — no signup required.
Related questions on this topic
- A peace officer (not a private guard) may arrest under §836(a) without a warrant in which circumstances?
- If a peace officer uses unnecessary force on a person under color of authority, Penal Code §149 provides:
- 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:
- The 'scope' of a Guard Card holder's authorized duties under BPC §7582.1 is best described as:
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