Powers to ArrestQuestion 9 of 200
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?
a.None — good faith fully protects the private arrestor
b.Potentially liable for false arrest — §837(3) requires that 'a felony has been in fact committed'
c.Liable only for battery, not false arrest
d.Protected because reasonable cause to believe a crime occurred existed at the time
Explanation
Penal Code §837(3) requires both (1) that 'a felony has been in fact committed' AND (2) that the arrestor have reasonable cause to believe the arrestee committed it. If no felony was in fact committed — even with reasonable belief — the arrest fails to meet §837(3) and exposes the private person to false-arrest civil liability (Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579). This is the key difference from peace-officer §836 authority, which generally protects officers acting on reasonable cause even if no crime occurred. Where §837(1) (in-presence) applies, it provides a surer authority.
Law Reference: Cal. Penal Code §837(3); Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579Practice all 200 questions free — no signup required.
Related questions on this topic
- 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 personally witnesses an armed robbery in progress at the store. Under §837, the guard may:
- 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:
- A security guard sees a person acting suspiciously near merchandise but has not seen a theft. The guard approaches and asks the person to stop and speak briefly. This encounter is best characterized as:
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