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North Carolina General Statutes § 15A-404 Detention of offenders by private persons

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(a)        No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.

(b)        When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

(1)        A felony,

(2)        A breach of the peace,

(3)        A crime involving physical injury to another person, or

(4)        A crime involving theft or destruction of property.

(c)        Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

(d)       Period of Detention. - The detention may be no longer than the time required for the earliest of the following:

(1)        The determination that no offense has been committed.

(2)        Surrender of the person detained to a law-enforcement officer as provided in subsection (e).

(e)        Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)

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Last modified: March 23, 2014