Michigan Security Guard Licensing Practice Test

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If a private citizen arrests someone without warrant they must deliver that person to a

  1. By Law Officer

  2. Peace Officer

  3. Security Guard

  4. Private Investigator

The correct answer is: Peace Officer

In Ontario, the law allows for private citizens to make an arrest under certain conditions, such as seeing a crime being committed. However, once they have made an arrest, these individuals do not possess the right to hold onto the suspect indefinitely or carry out the same procedures or investigation tasks as law enforcement. It is therefore required by law that if a private citizen arrests someone, they must promptly hand that person over to a peace officer. A peace officer, in this context, largely refers to a police officer, among other types of law enforcement officials. This is a legal requirement as defined under section 494(3) of Canada’s Criminal Code, which says that, "Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person into the custody of a peace officer." This is to ensure that the formal processing, such as recording of the crime, identification of the person, and any necessary legal actions, follows the proper legal and standardized procedures by trained professionals. Additionally, peace officers are well-equipped to ensure safety and law enforcement in these situations, something a private citizen may not be capable of.