2005 North Carolina Code - General Statutes § 15A-404. Detention of offenders by private persons.

§ 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. 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. (1973, c. 1286, s. 1.)