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US Security Guard License Exams (Florida Class D, New York, California, Texas)

Arrest powers (NY): practice questions

Our US Security Guard bank has 7 questions on this topic. Here are 4 of them with answers; the full mock exam draws from every topic, like the real one.

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Question 1 · New York

Under CPL 140.30, a private person may arrest for any offense (including a misdemeanor) only when:

  1. It was committed within the last 24 hours
  2. It was in fact committed in their presence
  3. The victim told them about it right away
  4. The police are too busy to come in time
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B. It was in fact committed in their presence — CPL 140.30(1)(b): for any offense, the person must actually have committed it in the arresting person's presence.

Question 2 · New York

When a New York private person makes an arrest, they must tell the person the reason unless:

  1. The arrest is made at night or after hours
  2. Resistance, flight or other factors make it impractical
  3. The guard is wearing a full uniform at the time
  4. The person being arrested is under 21 years old
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B. Resistance, flight or other factors make it impractical — CPL 140.35(2): inform the person of the reason for the arrest unless physical resistance, flight or other factors make it impractical.

Question 3 · New York

Police receive a person from a guard's citizen's arrest but have reasonable cause to believe the person did not commit the offense. The police:

  1. Need not take custody
  2. Must still book and fingerprint the person
  3. Must arrest the guard
  4. Must hold the person for 24 hours anyway
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A. Need not take custody — CPL 140.40(4): an officer need not take custody or act further if there is reasonable cause to believe the person did not commit the offense or the arrest was otherwise unauthorized.

Question 4 · New York

Under CPL 140.30, a private person in New York may arrest another for a felony when:

  1. The guard suspects the person might commit a felony
  2. A witness says the person probably did it
  3. The person refuses to give their name
  4. The person has in fact committed the felony
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D. The person has in fact committed the felony — CPL 140.30(1)(a): any person may arrest for a felony when the other person has in fact committed it. If no felony was in fact committed by that person, the arrest is unlawful.

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