§ 15A-404. Detention of offenders by private persons.

206 words·~1 min read·/nc/chapter-15a/15a-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)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.

(b)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:

(1)A felony,

(2)A breach of the peace,

(3)A crime involving physical injury to another person, or

(4)A crime involving theft or destruction of property.

(c)Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

(d)Period of Detention. - The detention may be no longer than the time required for the earliest of the following:

(1)The determination that no offense has been committed.

(2)Surrender of the person detained to a law-enforcement officer as provided in subsection (e).

(e)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. (1973, c. 1286, s. 1.)