Use of ForceQuestion 74 of 200

Penal Code §835 distinguishes 'force' from 'restraint.' The proper relationship is:

a.Force and restraint are simply two words for the same thing, so anything §835 permits as restraint is automatically permitted as force, and the reverse holds as well
b.Restraint is the controlled physical limitation of a subject's movement during arrest, authorized as 'reasonable for the arrest and detention'; force is the means to achieve necessary restraint and must itself be reasonable in degree and duration
c.Force always means a weapon — the term in §835 refers to a firearm, a baton, or a chemical agent, while an empty-hand hold counts only as restraint and not as force at all
d.Restraint always means handcuffing and nothing else, so a physical hold, a zip-tie, or seating the person in a chair falls outside anything §835 authorizes a guard to do

Explanation

Section 835 sanctions 'such restraint as is reasonable for [the] arrest and detention.' Force is the dynamic action by which restraint is established and maintained; both must be reasonable and proportionate. The distinction matters because excessive force (battery) is possible even when restraint is otherwise authorized — gratuitous strikes during cuffing, for example. Options (a), (c), (d) collapse important distinctions and risk wrongly authorizing punitive force or wrongly excluding alternative restraints (e.g., physical hold, zip-tie restraint).

Law Reference: Cal. Penal Code §835

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