State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-304

§ 15A‑304.  Warrant forarrest.

(a)        Definition. – Awarrant for arrest consists of a statement of the crime of which the person tobe arrested is accused, and an order directing that the person so accused bearrested and held to answer to the charges made against him. It is based upon ashowing of probable cause supported by oath or affirmation.

(b)        When Issued. – Awarrant for arrest may be issued, instead of or subsequent to a criminalsummons, when it appears to the judicial official that the person named shouldbe taken into custody. Circumstances to be considered in determining whetherthe person should be taken into custody may include, but are not limited to,failure to appear when previously summoned, facts making it apparent that aperson summoned will fail to appear, danger that the person accused willescape, danger that there may be injury to person or property, or theseriousness of the offense.

(c)        Statement of theCrime. – The warrant must contain a statement of the crime of which the personto be arrested is accused. No warrant for arrest, nor any arrest made pursuantthereto, is invalid because of any technicality of pleading if the statement issufficient to identify the crime.

(d)        Showing of ProbableCause. – A judicial official may issue a warrant for arrest only when he issupplied with sufficient information, supported by oath or affirmation, to makean independent judgment that there is probable cause to believe that a crimehas been committed and that the person to be arrested committed it. Theinformation must be shown by one or more of the following:

(1)        Affidavit;

(2)        Oral testimony underoath or affirmation before the issuing official; or

(3)        Oral testimony underoath or affirmation presented by a sworn law enforcement officer to the issuingofficial by means of an audio and video transmission in which both parties cansee and hear each other. Prior to the use of audio and video transmissionpursuant to this subdivision, the procedures and type of equipment for audioand video transmission shall be submitted to the Administrative Office of theCourts by the senior regular resident superior court judge and the chiefdistrict court judge for a judicial district or set of districts and approvedby the Administrative Office of the Courts.

If the information isinsufficient to show probable cause, the warrant may not be issued. A judicialofficial shall not refuse to issue a warrant for the arrest of a person solelybecause a prior warrant has been issued for the arrest of another person involvedin the same matter.

(e)        Order for Arrest. –The order for arrest must direct that a law‑enforcement officer take thedefendant into custody and bring him without unnecessary delay before ajudicial official to answer to the charges made against him.

(f)         Who May Issue. – Awarrant for arrest, valid throughout the State, may be issued by:

(1)        A Justice of theSupreme Court.

(2)        A judge of the Courtof Appeals.

(3)        A judge of thesuperior court.

(4)        A judge of thedistrict court, as provided in G.S. 7A‑291.

(5)        A clerk, as providedin G.S. 7A‑180 and 7A‑181.

(6)        A magistrate, asprovided in G.S. 7A‑273. (1868‑9, c. 178, subch. 3, ss. 1‑3; Code,ss. 1132‑1134; 1901, c. 668; Rev., ss. 3156‑3158; C.S., ss. 4522‑4524;1955, c. 332; 1969, c. 44, s. 27; c. 1062, s. 1; 1973, c. 1286, s. 1; 1997‑268,s. 2; 2004‑186, s. 15.1.)