State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-501

SUBCHAPTER V. CUSTODY.

Article 23.

Police Processing andDuties upon Arrest.

§ 15A‑501.  Policeprocessing and duties upon arrest generally.

Upon the arrest of a person,with or without a warrant, but not necessarily in the order hereinafter listed,a law‑enforcement officer:

(1)        Must inform theperson arrested of the charge against him or the cause for his arrest.

(2)        Must, with respectto any person arrested without a warrant and, for purpose of setting bail, withrespect to any person arrested upon a warrant or order for arrest, take theperson arrested before a judicial official without unnecessary delay.

(3)        May, prior to takingthe person before a judicial official, take the person arrested to some otherplace if the person so requests.

(4)        May, prior to takingthe person before a judicial official, take the person arrested to some otherplace if such action is reasonably necessary for the purpose of having thatperson identified.

(5)        Must withoutunnecessary delay advise the person arrested of his right to communicate withcounsel and friends and must allow him reasonable time and reasonableopportunity to do so.

(6)        Must make availableto the State on a timely basis all materials and information acquired in thecourse of all felony investigations. This responsibility is a continuingaffirmative duty. (1868‑9,c. 178, subch. 1, s. 7; Code, s. 1130; Rev., s. 3182; C.S., s. 4548; 1937, c.257, ss. 1, 2; 1955, c. 889; 1969, c. 296; 1973, c. 1286, s. 1; 1975, c. 166,ss. 7, 8; 2004‑154, s. 11.)