Powers to ArrestQuestion 8 of 200

A security guard personally witnesses an armed robbery in progress at the store. Under §837, the guard may:

a.Only call 911 and observe; a private person has no arrest authority once a weapon is involved
b.Arrest the suspect for the felony, applying reasonable force, and deliver without unnecessary delay to police
c.Arrest only after the suspect has dropped the weapon, since §837 does not reach armed felonies
d.Arrest only with prior written authorization from BSIS, which must be obtained before any contact with an armed suspect

Explanation

Penal Code §837(1) allows a private person to arrest for any public offense — including a felony — committed or attempted in his presence. Armed robbery is a felony (PC §§211, 212.5). Reasonable force consistent with §835's restraint authority is permitted, but tactical reality and officer-safety best practices weigh heavily here — most BSIS curricula advise against engaging armed suspects directly. After arrest, the guard must deliver the arrestee without unnecessary delay (§847). BSIS does not pre-authorize specific arrests (d).

Law Reference: Cal. Penal Code §§837(1), 835, 847

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