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BC Security Guard Licence Exam Prep · Question

A private citizen witnesses a person causing damage to private property. The person then flees the scene. Can the private citizen make an arrest in this situation once the person is no longer in the immediate act of committing the offence?

Under Section 494(1)(b) of the Criminal Code, a private person may arrest without warrant 'a person whom he finds committing a criminal offence.' The term 'find

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Question: A private citizen witnesses a person causing damage to private property. The person then flees the scene. Can the private citizen make an arrest in this situation once the person is no longer in the immediate act of committing the offence?

Answer options: ✅ Yes, if they are in fresh pursuit of the person whom they found committing the offence.

  • No, because the offence is no longer actively being committed.
  • Only if a police officer is present and directs them to do so.
  • Yes, if they can positively identify the person to police later.

Correct answer: Yes, if they are in fresh pursuit of the person whom they found committing the offence.

Explanation: Under Section 494(1)(b) of the Criminal Code, a private person may arrest without warrant 'a person whom he finds committing a criminal offence.' The term 'finds committing' can extend to fresh pursuit immediately following the commission of the offence.

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