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 — private persons have no arrest authority during armed offenses
b.Arrest the suspect for the felony, applying reasonable force, and deliver without unnecessary delay to police
c.Arrest only after the suspect drops the weapon
d.Arrest only with prior written authorization from BSIS
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, 847Practice all 200 questions free — no signup required.
Related questions on this topic
- 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?
- 'Reasonable cause' under §837 means which of the following?
- 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:
- Penal Code §490.5(f) ('shopkeeper's privilege') allows a merchant or merchant's agent (including a security guard) to:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review