State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-403

§15A‑403.  Arrest by officers from other states.

(a)        Any law‑enforcementofficer of a state contiguous to the State of North Carolina who enters thisState in fresh pursuit and continues within this State in such fresh pursuit ofa person who is in immediate and continuous flight from the commission of acriminal offense, has the same authority to arrest and hold in custody suchperson on the ground that he has committed a criminal offense in another statewhich is a criminal offense under the laws of the State  of North Carolina aslaw‑enforcement officers of this State have to arrest and hold in custodya person on the ground that he has committed a criminal offense in this State.

(b)        If an arrest ismade in this State by a law‑enforcement officer of another state inaccordance with the provisions of subsection (a),  he must, without unnecessarydelay, take the person arrested before a judicial official of this State, whomust conduct a hearing for the purpose of determining the lawfulness of thearrest. If the judicial official determines that the arrest was lawful, he mustcommit the person arrested to await a reasonable time for the issuance of anextradition warrant by the Governor of this State or release him pursuant toArticle 26 of this Chapter, Bail. If the judicial official determines that thearrest was unlawful, he must discharge the person arrested.

(c)        This sectionapplies only to law‑enforcement officers of a state which by its laws hasmade similar provision for the arrest and  custody of persons closely pursuedwithin its territory. (1973, c. 1286, s. 1.)