N.C. Gen. Stat. § 15A-404
Detention of offenders by private persons
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(1) No Arrest; Detention Permitted. — No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(2) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence: A felony,
(2) When Detention Permitted. — A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence: A felony,
(3) A breach of the peace,
(3) A breach of the peace,
(4) A crime involving physical injury to another person, or
(4) A crime involving physical injury to another person, or
(5) A crime involving theft or destruction of property.
(5) A crime involving theft or destruction of property.
(6) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(6) Manner of Detention. — The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(7) Period of Detention. - The detention may be no longer than the time required for the earliest of the following: The determination that no offense has been committed.
(7) Period of Detention. — The detention may be no longer than the time required for the earliest of the following: The determination that no offense has been committed.
(8) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
(8) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
(9) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer.
(9) Surrender to Officer. — A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer.
History
(1973, c. 1286, s. 1.)
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.