nd provides a convincing argument that a citizen's arrest, using all necessary force, may well have been justified
Only one problem with that here in NC, rainbowbob. There's no legal avenue for a citizens' arrest...
lpl
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http://www.jus.state.nc.us/NCJA/!apr97.htm
JUST ANOTHER STATUTE AT LAW
COMMENTARY ON THE NORTH CAROLINA
GENERAL STATUTES OF INTEREST TO
THE LAW ENFORCEMENT COMMUNITY
Ralph B. Strickland, Jr.
Agency Legal Specialist North Carolina Justice Academy
G.S. 15A-404
Volume 2 Number 4
April 1997
NO CITIZEN’S ARREST ALLOWED IN NORTH CAROLINA!
G.S. 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 [assisting law enforcement officers in making an arrest.] 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.
There is no citizen’s arrest in North Carolina; there is only a citizen’s detention. There are two reasons why you should know this: (1) so that you can tell nonsworn individuals what their rights are in these circumstances, and (2) so that you will know what your rights are outside yourterritorial jurisdiction. Now that most officers are allowed to carry a handgun concealed when they are outside their jurisdiction, it is more important than ever to understand what you have a right to do when faced with the criminal behavior of another. The key is to simply remember that the right to carry concealed outside your territorial jurisdiction is to allow you to defend yourself; not to make arrests, stop crime or act as a sworn officer would in a criminal situation.
Let’s look at the sections of 15A-404 individually. First, in section (a) we learn that citizens may NOT arrest in North Carolina. This myth of a citizen’s arrest is taught by television and the movies, but does not reflect reality here in our state. While citizen arrests may be legal in other jurisdictions, it is not available to us here. What can be done is a detention that is based on probable cause to believe that one of a limited number of crimes has been committed in your presence. A detention, like an arrest, is a seizure under the Fourth Amendment; but an arrest allows moving the arrestee without his consent to a judicial official. A detention is just that; the suspect is detained, and while he may not leave, he cannot be moved without his consent. It is essential that you understand this point. A detention is a seizure without movement of the suspect; an arrest is a seizure and involuntary movement of the suspect.
The next section, (b), allows a detention only when you have probable cause to believe that a person has committed in your presence one of the following crimes:
1. a felony
2. a breach of the peace
3. a crime involving physical injury or
4. a crime involving theft or destruction of property.
Section (c) requires that the force used to detain the suspect be reasonable. It is generally true that an officer in his jurisdiction may use more force in making a detention than a private person. The law allows you greater latitude in the use of force because your job is the enforcement of the law, and you have been trained to use force correctly. But if you are not in your jurisdiction, then your right to use force becomes that of a private citizen. As an example, when presented with danger from another in a public place, a private citizen is under a duty to retreat unless in doing so he would be placed in greater danger. A law enforcement officer is never under a duty to retreat when enforcing the law; we may retreat tactically, but we are not required to.
Sections (d) and (e) are very simple. The detention must be as brief as is reasonably practicable. If you determine that no offense has occurred, release the suspect. Otherwise, contact the authorities, and turn him over to them. Don’t arrest and don’t move him. Of course, you may move him out of the sun, or to a chair or seat, or from one room to another for security purposes. But no movement to a magistrate’s office is allowed.
Probably the best option in such circumstances is to become the best witness you can be. Call for a law enforcement officer, protect yourself and your family, and wait for help to arrive. Check with you legal advisor or district attorney’s office for specific advice in this area. Thank you and good luck.