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Citizen detainment

This is a discussion on Citizen detainment within the North Carolina Discussion and Firearm News forums, part of the Firearms Discussion by State category; Whether your state has a "citizens arrest" or a detention provision, it most likely has a kidnapping law. Police officers ...

  1. #11
    Join Date
    Sep 2007
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    Wichita, KS
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    Whether your state has a "citizens arrest" or a detention provision, it most likely has a kidnapping law.
    Police officers have legal protection for errors. They work for governments and have insurance protection.

    As a private citizen, whether you say "citizen's aarest"[Gomer Pyle] or just tell somebody to stay until the cops arrive, you will be responsible and if you move or escort that person from a lobby to a closet or private office, you may have kidnapped them.
    IANAL and laws vary...
    The people think the Second Amendment protects their rights;
    Government sees an obstacle to be over-come.
    NRA Life since 1966

  2. #12
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    Nov 2009
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    North Carolina
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    North Carolina does not have a "Citizens Arrest". A citizen has the authority to detain a person who commits a crime in their presence until the cops are called. But like Jim said, we also have a false imprisonment law. Prohibiting someone from leaving is a crime unless they have broken the law. In my opinion, there is just too much gray areas and "what if's" in there.

    G.S. 15A-404 Detention of offenders by private persons.
    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.

    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.







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    In the beginning, the patriot is a scarce man -- brave, hated, and scorned. But when his cause succeeds, the timid join him. For then, it costs nothing to be a patriot. -- Mark Twain

  3. #13
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    Nov 2009
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    North Carolina
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    In the beginning, the patriot is a scarce man -- brave, hated, and scorned. But when his cause succeeds, the timid join him. For then, it costs nothing to be a patriot. -- Mark Twain

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