State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-404

§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.)