North Carolina General Statutes 15A-405. Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons
(a) Assistance upon Request; Authority. – Private persons may assist law-enforcement officers in effecting arrests and preventing escapes from custody when requested to do so by the officer. When so requested, a private person has the same authority to effect an arrest or prevent escape from custody as the officer making the request. He does not incur civil or criminal liability for an invalid arrest unless he knows the arrest to be invalid. Nothing in this subsection constitutes justification for willful, malicious or criminally negligent conduct by such person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.
(b) Benefits to Private Persons. – A private person assisting a law-enforcement officer pursuant to subsection (a) is:
(1) Repealed by Session Laws 1989, c. 290, s. 1.
Terms Used In North Carolina General Statutes 15A-405
- Arrest: Taking physical custody of a person by lawful authority.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Entitled to the same benefits as a “law-enforcement officer” as that term is defined in N.C. Gen. Stat. § 143-166.2, the Public Safety Employees’ Death Benefit Act; and
(3) To be treated as an employee of the employer of the law-enforcement officer within the meaning of N.C. Gen. Stat. § 97-2(2) (Workers’ Compensation Act).
The Governor and the Council of State are authorized to allocate funds from the Contingency and Emergency Fund for the payment of benefits under subdivision (3) when no other source is available for the payment of such benefits and when they determine that such allocation is necessary and appropriate. (1868-9, c. 178, subch. 1, s. 2; Code, s. 1125; Rev., s. 3181; C.S., s. 4547; 1973, c. 1286, s. 1; 1979, c. 714, s. 2; 1989, c. 290, s. 1; 2018-5, s. 35.29(b).)