§15A‑404. Detention of offenders by private persons.
(a) No Arrest;Detention Permitted. No private person may arrest another person except asprovided in G.S. 15A‑405. A private person may detain another person asprovided in this section.
(b) When DetentionPermitted. A private person may detain another person when he has probablecause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of thepeace,
(3) A crime involvingphysical injury to another person, or
(4) A crime involvingtheft or destruction of property.
(c) Manner ofDetention. The detention must be in a reasonable manner considering theoffense involved and the circumstances of the detention.
(d) Period ofDetention. The detention may be no longer than the time required for theearliest of the following:
(1) The determinationthat no offense has been committed.
(2) Surrender of theperson detained to a law‑enforcement officer as provided in subsection(e).
(e) Surrender toOfficer. A private person who detains another must immediately notify a law‑enforcementofficer and must, unless he releases the person earlier as required bysubsection (d), surrender the person detained to the law‑enforcementofficer. (1973, c. 1286, s. 1.)
§15A‑404. Detention of offenders by private persons.
(a) No Arrest;Detention Permitted. No private person may arrest another person except asprovided in G.S. 15A‑405. A private person may detain another person asprovided in this section.
(b) When DetentionPermitted. A private person may detain another person when he has probablecause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of thepeace,
(3) A crime involvingphysical injury to another person, or
(4) A crime involvingtheft or destruction of property.
(c) Manner ofDetention. The detention must be in a reasonable manner considering theoffense involved and the circumstances of the detention.
(d) Period ofDetention. The detention may be no longer than the time required for theearliest of the following:
(1) The determinationthat no offense has been committed.
(2) Surrender of theperson detained to a law‑enforcement officer as provided in subsection(e).
(e) Surrender toOfficer. A private person who detains another must immediately notify a law‑enforcementofficer and must, unless he releases the person earlier as required bysubsection (d), surrender the person detained to the law‑enforcementofficer. (1973, c. 1286, s. 1.)
§15A‑404. Detention of offenders by private persons.
(a) No Arrest;Detention Permitted. No private person may arrest another person except asprovided in G.S. 15A‑405. A private person may detain another person asprovided in this section.
(b) When DetentionPermitted. A private person may detain another person when he has probablecause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of thepeace,
(3) A crime involvingphysical injury to another person, or
(4) A crime involvingtheft or destruction of property.
(c) Manner ofDetention. The detention must be in a reasonable manner considering theoffense involved and the circumstances of the detention.
(d) Period ofDetention. The detention may be no longer than the time required for theearliest of the following:
(1) The determinationthat no offense has been committed.
(2) Surrender of theperson detained to a law‑enforcement officer as provided in subsection(e).
(e) Surrender toOfficer. A private person who detains another must immediately notify a law‑enforcementofficer and must, unless he releases the person earlier as required bysubsection (d), surrender the person detained to the law‑enforcementofficer. (1973, c. 1286, s. 1.)
