State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-406

§ 15A‑406.  Assistanceby federal officers.

(a)        For purposes ofthis section, "federal law enforcement officer" means any of thefollowing persons who are employed as full‑time law enforcement officersby the federal government and who are authorized to carry firearms in theperformance of their duties:

(1)        United States SecretService special agents;

(2)        Federal Bureau ofInvestigation special agents;

(3)        Bureau of Alcohol,Tobacco and Firearms special agents;

(4)        United States NavalInvestigative Service special agents;

(5)        Drug EnforcementAdministration special agents;

(6)        United StatesCustoms Service officers;

(7)        United States PostalService inspectors;

(8)        Internal RevenueService special agents;

(9)        United StatesMarshals Service marshals and deputies;

(10)      United States ForestService officers;

(11)      National Park Serviceofficers;

(12)      United States Fishand Wildlife Service officers;

(13)      Immigration andNaturalization Service officers;

(14)      Tennessee ValleyAuthority officers; and

(15)      Veterans Administrationpolice officers.

(b)        A federal lawenforcement officer is authorized under the following circumstances to enforcecriminal laws anywhere within the State:

(1)        If the federal lawenforcement officer is asked by the head of a state or local law enforcementagency, or his designee, to provide temporary assistance and the request iswithin the scope of the state or local law enforcement agency's subject matterand territorial jurisdiction; or

(2)        If the federal lawenforcement officer is asked by a state or local law enforcement officer toprovide temporary assistance when at the time of the request the state or locallaw enforcement officer is acting within the scope of his subject matter andterritorial jurisdiction.

(c)        A federal lawenforcement officer shall have the same powers as those invested by statute orcommon law in a North Carolina law enforcement officer, and shall have the samelegal immunity from personal civil liability as a North Carolina lawenforcement officer, while acting pursuant to this section.

(d)        A federal lawenforcement officer who acts pursuant to this section shall not be consideredan officer, employee, or agent of any state or local law enforcement agency.

(e)        For purposes of theFederal Tort Claims Act, a federal law enforcement officer acts within thescope of his office or employment while acting pursuant to this section.

(f)         Nothing in thissection shall be construed to expand the authority of federal officers toinitiate or conduct an independent investigation into violation of NorthCarolina law. (1991,c. 262, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 8; 1993 (Reg. Sess., 1994),c. 571, s. 1; 2001‑257, s. 1; 2003‑36, s. 1.)