Liability & LegalQuestion 95 of 200
A security guard observes a person who has been previously warned, in writing, not to return to a posted business property. The person re-enters the premises. Under PC §602(o) and related subdivisions, the guard's legal posture is:
a.No authority — trespass cannot be addressed without police
b.Trespassers automatically waive all civil rights upon entry
c.Authority to use deadly force to expel any trespasser
d.The trespass is a misdemeanor occurring in the guard's presence; a §837(1) citizen's arrest is legally available, though escorting off-premises is generally preferable
Explanation
PC §602 lists numerous trespass variants — most are misdemeanors. §602(o) specifically addresses re-entry after a prior written warning. Because the offense occurs in the guard's presence, §837(1) authorizes a private-person arrest. However, escorting the person off-premises (with police summoned if refusal occurs) is generally the preferred lower-risk option, reducing exposure to false-imprisonment and battery claims. Deadly force (c) is never lawful for trespass alone. Trespassers retain civil rights (b) — guards remain liable for excessive force, defamation, and false imprisonment regardless of the underlying trespass.
Law Reference: Cal. Penal Code §602Practice all 200 questions free — no signup required.
Related questions on this topic
- Under Penal Code §237, false imprisonment is punishable as a felony when it is effected by:
- Penal Code §242 defines battery as any willful and unlawful use of force or violence upon the person of another. Which of the following best describes the standard for security guards?
- Penal Code §240 defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. For a guard, which scenario most clearly meets all assault elements?
- Under respondeat superior and BPC §7583.39, a licensed PPO (private patrol operator) is generally liable for its employee guard's torts committed:
- A PPO hires a guard without conducting the BSIS-mandated background check. The guard later commits an assault against a patron. Beyond respondeat superior, the PPO may face liability under which independent theory?
- A patron sues a guard under 42 U.S.C. §1983 (federal civil rights statute) alleging a Fourth Amendment violation. The threshold issue for most private-security cases is:
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