Two minutes ago, a witness reported seeing someone slap another person inside the store. The suspect is still nearby in the parking lot. Under §837, may the guard arrest the suspect for the misdemeanor battery?
Explanation
Penal Code §837(1) authorizes a private-person arrest for a public offense 'committed or attempted in his presence.' A witness report of a misdemeanor that occurred outside the guard's actual perception does not satisfy that requirement. The guard may briefly detain to investigate or summon police; for a misdemeanor not in presence, the police make the arrest. A felony arrest under §837(2)-(3) follows a different rule — see the next question.
Law Reference: Cal. Penal Code §837(1)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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Related questions on this topic
- A private security guard takes a shoplifter into custody. Under §835, what level of restraint may the guard use?
- An unarmed suspect, without being touched, hears the guard say 'you are under arrest' and stops, putting hands behind back. Has an arrest occurred under §835?
- Which arrest authority does §836 grant peace officers that is broader than the authority §837 grants private persons?
- A private security guard receives a credible report that an identified employee committed a commercial burglary (felony) earlier that shift. The employee is still on the premises. Under §837, may the guard arrest the employee?
- 'Reasonable cause' under §837 means which of the following?
- A security guard personally witnesses an armed robbery in progress at the store. Under §837, the guard may:
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