Alberta Security Guard Licence Exam Prep · Question
A security guard working in a retail store apprehends a person who has just committed theft. Under what circumstance can the security guard legally arrest this individual?
Section 494(1)(a) of the Criminal Code of Canada allows any person to arrest without a warrant a person whom they find committing an indictable offence. Theft i
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Question: A security guard working in a retail store apprehends a person who has just committed theft. Under what circumstance can the security guard legally arrest this individual?
Answer options: ✅ If they witness the theft and the person is caught in the act or fleeing the scene.
- Only if a police officer is immediately present to assist with the arrest.
- If the store manager provides express written consent for the arrest.
- A security guard is never permitted to make an arrest without a warrant.
Correct answer: If they witness the theft and the person is caught in the act or fleeing the scene.
Explanation: Section 494(1)(a) of the Criminal Code of Canada allows any person to arrest without a warrant a person whom they find committing an indictable offence. Theft is an indictable offence, and 'found committing' includes being caught in the act or in fresh pursuit.
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