Subchapter V.
318 words·~1 min read·
/nc/chapter-15a/subchapter-vA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subchapter V. Custody.
Article 23.
Police Processing and Duties upon Arrest.
§ 15A-501. Police processing and duties upon arrest generally.
Upon the arrest of a person, with or without a warrant, but not necessarily in the order hereinafter listed, a law-enforcement officer:
(1)Must inform the person arrested of the charge against him or the cause for his arrest.
(2)Must, with respect to any person arrested without a warrant and, for purpose of setting bail, with respect to any person arrested upon a warrant or order for arrest, take the person arrested before a judicial official without unnecessary delay.
(2a)Must inform any judicial official determining conditions of pretrial release pursuant to Article 26 of this Chapter of any relevant behavior of the defendant observed by the officer prior to, during, or after the arrest that may provide reasonable grounds for the judicial official to believe the defendant is a danger to themselves or others.
(3)May, prior to taking the person before a judicial official, take the person arrested to some other place if the person so requests.
(4)May, prior to taking the person before a judicial official, take the person arrested to some other place if such action is reasonably necessary for the purpose of having that person identified.
(5)Must without unnecessary delay advise the person arrested of his right to communicate with counsel and friends and must allow him reasonable time and reasonable opportunity to do so.
(6)Must make available to the State on a timely basis all materials and information acquired in the course of all felony investigations. This responsibility is a continuing affirmative duty. (1868-9, c. 178, subch. 1, s. 7; Code, s. 1130; Rev., s. 3182; C.S., s. 4548; 1937, c. 257, ss. 1, 2; 1955, c. 889; 1969, c. 296; 1973, c. 1286, s. 1; 1975, c. 166, ss. 7, 8; 2004-154, s. 11; 2025-93, s. 1(a).)