Use of ForceQuestion 59 of 200
May a private security guard use deadly force solely to protect property (e.g., merchandise or a vehicle)?
a.Yes — defense of property authorizes any force
b.Yes, but only in 'high-value' situations exceeding $10,000
c.No — deadly force solely to defend property is generally not permitted; deadly force requires reasonable belief of imminent threat of death or serious bodily injury to a person
d.Yes, but only when the owner gives written authorization
Explanation
Penal Code §197 lists circumstances justifying homicide; defense of mere property is not among them. People v. Ceballos (1974) 12 Cal.3d 470 held that deadly mechanical devices (and by extension, deadly force) cannot be used solely to protect property. Deadly force requires a reasonable belief of imminent threat of death or serious bodily injury to a person — the guard or another. Options (a), (b), (d) wrongly suggest deadly force may be calibrated to property value or owner authorization.
Law Reference: Cal. Penal Code §197; People v. Ceballos (1974) 12 Cal.3d 470Practice all 200 questions free — no signup required.
Related questions on this topic
- Penal Code §692 provides that lawful resistance to the commission of a public offense may be made by:
- Under Penal Code §693, resistance by the party about to be injured may be made:
- Under Penal Code §694, lawful resistance by 'other parties' (defense of others) authorizes:
- On the 'force continuum,' a security guard should escalate force based on:
- Verbal de-escalation should generally be attempted:
- Once an arrestee is fully restrained (e.g., handcuffed and seated, no longer resisting), further use of force by the guard is:
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