North Carolina General Statutes 15A-404. Detention of offenders by private persons
(a) No Arrest; Detention Permitted. – No private person may arrest another person except as provided in N.C. Gen. Stat. § 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,
Terms Used In North Carolina General Statutes 15A-404
- Arrest: Taking physical custody of a person by lawful authority.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(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.)