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Old November 27, 2012, 09:11 AM   #21
Fishing_Cabin
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Join Date: February 10, 2010
Posts: 707
Quote:
Originally Posted by Aguila Blanca
Not so fast, Mate -- you're only showing us part of the loaf. The statute you cited specifically begins with:
AB, I understood the OP to say that:

Quote:
Originally Posted by Gunnut17's OP
I could not do anything whatsoever to keep him there to later be put under arrest by the police that hopefully have been summoned via the 911 system sometime earlier.
which is about a person on their own property either detaining a person his/herself without law enforcement there, so § 15A-405 was not relevant to the situation (and is why I didnt mention it), as it deals with assisting a law enforcement officer, who requested said assistance. I see Frank was quicker then I was able to be to post that statute.


Edit to add:

Quote:
§ 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..
To my knowledge there is no "citizens arrest" statute in North Carolina at this time. 15A-405, and the arrest powers mentioned comes from the officer requesting assistance, and not from the non-law enforcement person that is giving assistance. Also, the bolded part in the statute above is what the statute itself says, "Private persons may assist law-enforcement officers in effecting arrests." Meaning, the private person must be assisting the officer making the arrest.

The private person may not make an arrest on his/her own, since that would not be within the power vested by this statute that allows a private person to assist.

Last edited by Fishing_Cabin; November 27, 2012 at 10:57 AM.
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