State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-405

§15A‑405.  Assistance to law‑enforcement officers by private personsto effect arrest or prevent escape; benefits for private persons.

(a)        Assistance uponRequest; Authority. – Private persons may assist law‑enforcement officersin effecting arrests and preventing escapes from custody when requested to doso by the officer. When so requested, a private person has the same authorityto effect an arrest or prevent escape from custody as the officer making therequest. He does not incur civil or criminal liability for an invalid arrestunless he knows the arrest to be invalid. Nothing in this subsectionconstitutes justification for willful, malicious or criminally negligentconduct by such person which injures or endangers any person or property, norshall it be construed to excuse or justify the use of unreasonable or excessiveforce.

(b)        Benefits to PrivatePersons. – A private person assisting a law‑enforcement officer pursuantto subsection (a) is:

(1)        Repealed by SessionLaws 1989, c. 290, s. 1.

(2)        Entitled to the samebenefits as a "law‑enforcement officer" as that term is definedin G.S. 143‑166.2(d) (Law‑Enforcement Officers', Firemen's andRescue Squad Workers' Death Benefit Act); and

(3)        To be treated as anemployee of the employer of the law‑enforcement officer within themeaning of G.S. 97‑2(2) (Workers' Compensation Act).

The Governor and the Council ofState are authorized to allocate funds from the Contingency and Emergency Fundfor the payment of benefits under subdivision (3) when no other source isavailable for the payment of such benefits and when they determine that suchallocation is necessary and appropriate. (1868‑9, c. 178, subch.1, s. 2; Code, s. 1125; Rev., s. 3181; C.S., s. 4547; 1973, c. 1286, s. 1;1979, c. 714, s. 2; 1989, c. 290, s. 1.)