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Alberta Security Guard Licence Exam Prep · Question

A private citizen, such as a security guard, observes an individual stealing merchandise from a store. The individual then flees the scene. Under what circumstances can the security guard lawfully pursue and arrest the individual?

Section 494(1)(a) of the Criminal Code of Canada allows any person to arrest without warrant an individual whom they find committing a criminal offence. 'Finds

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Question: A private citizen, such as a security guard, observes an individual stealing merchandise from a store. The individual then flees the scene. Under what circumstances can the security guard lawfully pursue and arrest the individual?

Answer options:

  • Only if a police officer is present and directs the arrest.
  • Only if the stolen merchandise is valued over $5,000. ✅ If they witness the crime being committed and reasonably believe the individual committed it, and they act promptly.
  • They can never pursue and arrest an individual; they must always wait for police.

Correct answer: If they witness the crime being committed and reasonably believe the individual committed it, and they act promptly.

Explanation: Section 494(1)(a) of the Criminal Code of Canada allows any person to arrest without warrant an individual whom they find committing a criminal offence. 'Finds committing' includes observing the act or being in fresh pursuit following its commission.

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