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Old November 27, 2012, 11:21 AM   #23
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,501
Quote:
Originally Posted by Fishing Cabin
which is about a person on their own property either detaining a person his/herself without law enforcement there, so ยง 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.
But we don't know that the OP is in North Carolina, so we don't know that NC law applies. In fact, I was surprised to see the section Frank Ettin cited, because I was under the misapprehension that all states provide for citizen's arrests. NC is the first I (now) know of that specifically does not. Unfortunately, I don't know an easy way to see which other states do and do not.

[ETA]Well, finding out was a lot easier than I expected. From Wikipedia ( http://en.wikipedia.org/wiki/Citizen%27s_arrest )

Quote:
Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. For example, Arizona law allows a citizen's arrest if the arrestor has personally witnessed the offense occurring.
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