Current through Session Law 2024-58
Section 15A-404 - Detention of offenders by private persons(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: (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.N.C. Gen. Stat. § 15A-404