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 — a private person may arrest only for an offense committed in his own presence, whether felony or misdemeanor

b.Yes, but only after a peace officer authorizes the arrest by phone or radio; without that authorization the guard has no felony arrest power

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 may only detain the suspect and hold him for a peace officer, who alone can make the arrest for a past felony

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), §847

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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?

Explanation

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