Powers to ArrestQuestion 6 of 200
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?
a.No — the felony was not committed in the guard's presence
b.Yes — but only if a peace officer authorizes the arrest by phone
c.Yes — §837(3) allows a private-person arrest for a felony actually committed, when the arrestor has reasonable cause to believe the arrestee committed it
d.No — private security must hold the suspect for a peace officer to arrest
Explanation
Penal Code §837(3) authorizes a private-person arrest 'when a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.' Unlike misdemeanors (in-presence only under §837(1)), felonies may be arrested by private persons on reasonable cause. The reasonable-cause standard requires more than mere suspicion. After the arrest, the guard must deliver the arrestee to a peace officer or magistrate without unnecessary delay (§847).
Law Reference: Cal. Penal Code §837(3), §847Practice all 200 questions free — no signup required.
Related questions on this topic
- 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?
- 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?
- '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:
- A security guard arrests a person believing a felony robbery occurred. Investigation reveals the suspect's roommate had given permission to take the property — no felony was in fact committed. Under §837(3), what is the guard's exposure?
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