This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.
North Carolina USLegal Guide to Unlawful Detention
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FAQ
? 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.
As such, the essential elements under this theory include: (1) the illegal restraint of a person, (2) by force or threat of force, and (3) without the other person's consent (or against their will).
You do not have to identify yourself, tell them who is inside, or answer any questions. If they ask you to come outside, do not do it. Once you're outside they may be able to legally search and arrest you, although without a warrant they could not legally touch you inside of your home.
§ 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.
In criminal law, to detain an individual is to hold them in custody, normally for a temporary period of time.
: the act or fact of detaining or holding back. especially : a holding in custody. 2. : the state of being detained. especially : a period of temporary custody prior to a trial or hearing see also preventive detention.