PC 832 - PC 832 Arrest and Firearms Course Laws of Arrest Questions and Answers

Question 1

Under California Penal Code § 836, a peace officer can make a warrantless arrest for a misdemeanor under which of the following circumstances?

Accepted Answer

The officer has probable cause to believe the person committed a public offense in the officer's presence.

Answer

The officer has a reasonable suspicion that the person committed the misdemeanor.

Answer

A reliable informant told the officer that the person committed the misdemeanor.

Answer

The person has a prior conviction for a similar misdemeanor.

Question 2

An officer is dispatched to a department store where a loss prevention agent has detained a person for shoplifting. The loss prevention agent, a private person, states they saw the individual conceal merchandise and walk past all points of sale without paying. For the officer to accept the private person's arrest, which condition must be met according to PC § 837?

Accepted Answer

The misdemeanor offense must have been committed or attempted in the private person's presence.

Answer

The officer must also have probable cause to believe a felony was committed.

Answer

The suspect must confess to the officer.

Answer

The officer must personally witness the suspect in possession of the stolen merchandise.

Question 3

Which of the following is the best definition of 'probable cause' to arrest?

Accepted Answer

A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime.

Answer

A mere hunch or feeling that a person may be involved in criminal activity.

Answer

Proof beyond a reasonable doubt that the person committed the crime.

Answer

Enough evidence to ensure a conviction in a court of law.

Question 4

An officer observes a man walking down the street at 2 AM in a residential area, carrying a crowbar and a flashlight. The man is looking into the windows of parked cars. The officer temporarily detains the man to investigate. What legal standard did the officer need to lawfully detain the man?

Accepted Answer

Reasonable suspicion

Answer

Proof beyond a reasonable doubt

Answer

Probable cause

Answer

A consensual encounter

Question 5

A peace officer has probable cause to believe that a person has committed a felony. However, the felony was not committed in the officer's presence. According to PC § 836, what is the officer's authority to arrest?

Accepted Answer

The officer may make a warrantless arrest.

Answer

The officer must first obtain an arrest warrant.

Answer

The officer may only detain the person until a warrant is issued.

Answer

The officer must wait for the person to commit another offense in their presence.

Question 6

Which of the following is NOT required to be given to a person being arrested?

Accepted Answer

The Miranda warning

Answer

The intent to arrest

Answer

The cause of the arrest

Answer

The authority to arrest