Powers to ArrestQuestion 7 of 200
'Reasonable cause' under §837 means which of the following?
a.Mere suspicion based on appearance or hunch
b.Proof beyond a reasonable doubt — the criminal-trial standard
c.Facts that would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person is guilty
d.Whatever the security officer subjectively feels at the time
Explanation
The 'reasonable cause' (often called 'probable cause') standard from People v. Ingle (1960) 53 Cal.2d 407 is: a state of facts that would lead a person of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person arrested is guilty of a crime. This is far more than mere suspicion (a) but far less than the criminal-trial 'beyond a reasonable doubt' standard (b). Purely subjective belief without an objective factual basis (d) is insufficient and exposes the guard to false-arrest liability.
Law Reference: Cal. Penal Code §836; People v. Ingle (1960) 53 Cal.2d 407Practice all 200 questions free — no signup required.
Related questions on this topic
- 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?
- 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 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?
- After a lawful private-person arrest, Penal Code §847 requires the private person to:
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