PRIVATE PERSONS

Question 1

What offenses can a private person arrest for?

Answer 1

A private person may make an arrest for any misdemeanor or infraction committed in their presence and for any felony with probable cause.

Question 2

What must a private person do after making an arrest?

Answer 2

The private person must take the arrestee, without unnecessary delay, either before a magistrate or deliver the arrestee to a peace officer.

Question 3

How can a private person delegate the arrest to a police officer?

Answer 3

A private person can summon the police, detain the suspect, and point out the suspect to the officer.

Question 4

What is the legal implication of a private person delegating an arrest to a police officer?

Answer 4

It is still the private person who has made the arrest, even when the seizure is delegated to a peace officer.

Question 5

What is the requirement for a private person to make an arrest?

Answer 5

A private person must proceed as soon as possible after the commission of the offense.

Question 6

What are the options available to an officer upon receiving an arrestee?

Answer 6

• Book the suspect into jail
• Cite and release the suspect
• Release the suspect without issuing a notice to appear

Question 7

True or False: Officers must assess the merits of a case before receiving an arrestee.

Answer 7

False.

Question 8

What are the conditions under which an agency is immune from liability for false arrest?

Answer 8

• The arrest was lawful
• There was a reasonable basis for believing the arrest was lawful
• The crime committed was a felony
• The arrest was made pursuant to specific Penal Code sections

Question 9

What is the purpose of the Fourth Amendment?

Answer 9

To prevent unreasonable searches and seizures by government personnel.

Question 10

Under what conditions will evidence obtained by private persons be suppressed?

Answer 10

If the private citizen is found to have been acting as an agent of the government.

Question 11

What two factors determine if a private person is considered a governmental agent?

Answer 11

• Government’s knowledge and acquiescence
• Intent of the party performing the search

Question 12

What happens once a private search uncovers contraband?

Answer 12

Police may lawfully reopen the container without a warrant.

Question 13

Fill in the blank: A warrantless search of a container is lawful as long as it does not exceed the _______.

Answer 13

scope of what was done in the private search.

Question 14

What must police do if a field test yields inconclusive results?

Answer 14

Obtain a search warrant before conducting a more specific lab test.

Question 15

True or False: Security guards are considered government agents under the Fourth Amendment.

Answer 15

False.

Question 16

What is recommended for security guards when searching?

Answer 16

They should examine and seize only items that are in plain view before summoning a police officer.

Question 17

What authority does a peace officer have after accepting custody of an arrestee?

Answer 17

The peace officer may search the arrestee and their immediate possessions for any item alleged to have been stolen.

Question 18

What amendment was made to Penal Code section 142 in 2003?

Answer 18

The penalty provisions would not apply to § 837 citizen arrests.

Question 19

Example of a legal private search case involving a Google screening process.

Answer 19

Google identified child sexual abuse images and forwarded them to authorities, which was deemed a private search.

Question 20

What constitutes an illegal search in the context of a private person acting as an agent?

Answer 20

When a private person’s search is conducted at the request or with the encouragement of law enforcement.