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Arrest With Detention In North Carolina
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US-000280
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(a) No Arrest; Detention Permitted. --No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section. (4) A crime involving theft or destruction of property.
Criminal Process. §15A-305. Order for arrest. (a) Definition. -- As used in this section, an order for arrest is an order issued by a justice, judge, clerk, or magistrate that a law-enforcement officer take a named person into custody.
G.S. 15A-401 – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered under G.S. 15A-534 or G.S. 15A-534.1(a)(2), in the officer's presence.
North Carolina General Statutes § 15A-404, entitled, "Detention of offenders by private persons," provides that a private person may detain another person when he has probable cause to believe that the person has committed certain specified offenses in his presence, including “a breach of the peace." N.C.G.S.
Definition: A temporary hold or stop by law enforcement to investigate possible criminal activity. Detention does not mean you're under arrest. Legal Standard: Requires reasonable suspicion, which means the officer has specific, articulable facts suggesting you may be involved in criminal activity.
If you aren't being notified or you've been detained more than 48-72 hours, you should contact a criminal defense attorney. You may have a constitutional claim against law enforcement.
What is legally required for an officer to arrest you? The officer has “probable cause.” Probable cause is the grey area between suspicion and complete certainty. The officer has personally observed the crime. The officer has an arrest warrant.
Detention only requires reasonable suspicion. Detentions are typically shorter in duration compared to arrests. While an individual can be detained for questioning for a brief period, an arrest involves taking the individual into custody for a longer time, sometimes up to 24 hours until they can appear before a judge.
If you are not in immediate danger, or the alleged crime is not in progress, you should contact your local law enforcement agency's non-emergency number in order to request an investigation. In some cases, law enforcement might advise you to begin the charging process, yourself.
More info
Detained or arrested in NC? Understand your rights and legal procedures.The officer must inform the person arrested that the warrant has been issued and serve the warrant upon him as soon as possible. A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence. For all criminal arrests and all in-custody traffic arrests, the arresting officer will complete an Arrest Report, along with any other associated reports. Know what to expect if you're arrested for the first time in North Carolina. The initial period of being held in a local police station or county jail typically ends within 76 hours (three days), due to laws in nearly every state. A qualified lawyer can help you through the process, protect your rights, and maximize the chance that you get in and get out quickly. Upon the arrest of a person, with or without a warrant, but not necessarily in the order hereinafter listed, a law‑enforcement officer: (1). The person may be detained in such area until the initial appearance before a judicial official pursuant to G.S. 15A-511 and G.S. 15A-534.5.