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Terms Used In North Carolina General Statutes 77-78

  • Arrest: Taking physical custody of a person by lawful authority.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(a) Where a joint resolution so provides,  all law enforcement officers, or those officers as may be designated in  the joint resolution, with territorial jurisdiction as to any part of  Mountain Island Lake or its shoreline area shall, within the limitations  of their subject matter jurisdiction, have the authority of peace officers  in enforcing the laws over all of Mountain Island Lake and its shoreline  area.

(b) Where a joint resolution provides it, the Commission  may hire special officers to patrol and enforce the laws on Mountain  Island Lake and its shoreline area.  These special officers have and  exercise all the powers of peace officers generally within the area in  question and shall take the oaths and be subject to all provisions of law  relating to law enforcement officers.

(c) Unless a joint resolution provides otherwise, all  courts in the three counties within the limits of their subject matter  jurisdiction shall have concurrent jurisdiction as to all criminal  offenses arising within the boundaries of Mountain Island Lake and its  shoreline area.

(d) Where a law enforcement officer with jurisdiction  over any part of Mountain Island Lake or its shoreline area is performing  duties relating to the enforcement of the laws on Mountain Island Lake or  in its shoreline area, the officer has the extraterritorial jurisdiction  necessary to perform his duties. These duties include investigation of  crimes an officer reasonably believes have been, or are about to be,  committed within the area in question.  This includes traversing by  reasonable routes from one portion of that area to another although across  territory not within the boundaries of Mountain Island Lake and its  shoreline area; conducting prisoners in custody to court or detention  facilities as authorized by law, although this may involve going outside  the area in question; execution of process connected with any criminal  offense alleged to have been committed within the boundaries in question,  except that such process may not be executed by virtue of this provision  beyond the boundaries of the three counties.  This also includes  continuing pursuit of and arresting any violator or suspected violator as  to which grounds for arrest arose within the area in question.

(e) Where law enforcement officers are given additional  territorial jurisdiction under the provisions of this section, this shall  be deemed an extension of the duties of the office held, and no officer  shall take any additional oath or title of office.  (1997-257, s. 9.)