Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed.
N.C. Gen. Stat. § 17-1
Remedy without delay for restraint of liberty
Applied in 3 court decisions — leading case 537 F. Supp. 274 - Broughton v. Baker (1982)
Most recently applied in 228 N.C. App. 449 - State v. Chapman (August 2013)
Const., art. 1, s. 18; Rev., s. 1819; C.S., s. 2203.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.