Can a private security guard use all reasonable force to make an arrest as a peace officer?

California, United States of America


The following excerpt is from Melendez v. City of Los Angeles, 63 Cal.App.4th 1, 73 Cal.Rptr.2d 469 (Cal. App. 1998):

[63 Cal.App.4th 11] The dissenting justice argued it does not follow that, because an off-duty peace officer is performing duties as a private security guard, he cannot use all reasonable force to make an arrest as a peace officer. (People v. Corey, supra, 21 Cal.3d at pp. 747-748, 147 Cal.Rptr. 639, 581 P.2d 644.) The dissent is significant because it is a succinct summary of the view rejected by the majority.

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