Power To Arrest Training Manual - Nov 2005 Edition

Please note:  This is a copyright of BSIS and is provided for the benefit of students.  As a state-licensed BSIS training facility, we are providing this for instruction to our students seeking the guard card.

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POWER TO ARREST TRAINING MANUAL

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(Revised 11/05)

43

PART I

PRIVATE PERSONS ARREST

Although your normal responsibilities include the preventing of problems and observation of

detail after an offense, there may be rare occasions when you consider it necessary to arrest.

Every company in the private security industry has different policies about when and if you

should arrest. If you don’t know your company’s policy, find out.

A guard’s legal powers to arrest are no greater than those of any other private citizen. An arrest

made by such a private party is commonly known as a “citizen’s arrest.”

According to the Penal Code Section 834, “An arrest is taking a person into custody in a manner

authorized by law.” Penal Code Section 834 also goes on to state that, “An arrest may be made

by a peace officer or by a private person.”

Penal Code Section 837 specifies the conditions under which you, as a private person, may make

an arrest. “A private person may arrest another.

1. For a public offense committed or attempted in his presence.

2. When the person arrested has committed a felony, although not in his presence.

3. When a felony has been, in fact, committed and he has reasonable cause for believing

the person arrested to have committed it.”

In making your decision to arrest someone, you must first determine whether the offense is a

felony or a misdemeanor.

EXAMPLE OF A MISDEMEANOR OFFENSE

If you observed a person picking up a rock and throwing it through a plate glass window,

that person could be arrested. Breaking a window is a misdemeanor offense and you

know that he committed the offense because you saw him do it.

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