Use of ForceQuestion 89 of 200

Civil immunity for false arrest under California law extends most fully to:

a.Any person who makes any arrest in good faith, whether a peace officer or a private citizen, because good faith is the operative element in both statutes

b.Private security guards making arrests under §837, who receive the statute's protection precisely because they lack peace-officer training and backup on scene

c.Peace officers acting with reasonable cause and without malice under Civil Code §43.55 and PC §847(b); private persons depend on actually meeting §837's elements (particularly the §837(3) 'in fact committed' rule)

d.Property owners only, on the theory that the immunity attaches to the person whose property was being protected rather than to whoever physically made the arrest on the premises, since the owner bears the loss

Explanation

Civil Code §43.55 and PC §847(b) protect peace officers from civil liability for false arrest if they acted on reasonable cause and without malice. Private persons (including security guards) do not have an equivalent broad immunity — their protection hinges on actually satisfying §837's elements. This asymmetry is one reason BSIS training repeatedly emphasizes the strict in-presence and 'in fact committed' rules of §837. Options (a), (b), (d) overstate or misallocate immunity in ways that produce false-arrest liability when relied upon.

Law Reference: Cal. Penal Code §847(b); Civil Code §43.55

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Civil immunity for false arrest under California law extends most fully to:

Explanation

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