GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

 

 

SESSION LAW 1999-399

HOUSE BILL 685

 

 

AN ACT TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ARREST A PERSON ON PRIVATE PREMISES OR IN A VEHICLE IN ACCORDANCE WITH STATE LAW WITH A COPY OF THE ORIGINAL ARREST WARRANT OR ORDER.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-401(e) reads as rewritten:

"(e)      Entry on Private Premises or Vehicle; Use of Force. -

(1)       A law-enforcement officer may enter private premises or a vehicle to effect an arrest when:

a.         The officer has in his possession a warrant or order or a copy of the warrant or order for the arrest of a person person, provided that an officer may utilize a copy of a warrant or order only if the original warrant or order is in the possession of a member of a law enforcement agency located in the county where the officer is employed and the officer verifies with the agency that the warrant is current and valid; or the officer is authorized to arrest a person without a warrant or order having been issued,

b.         The officer has reasonable cause to believe the person to be arrested is present, and

c.         The officer has given, or made reasonable effort to give, notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe that the giving of such notice would present a clear danger to human life.

(2)       The law-enforcement officer may use force to enter the premises or vehicle if he reasonably believes that admittance is being denied or unreasonably delayed, or if he is authorized under subsection (e)(1)c to enter without giving notice of his authority and purpose."

Section 2.  This act becomes effective October 1, 1999.

In the General Assembly read three times and ratified this the 20th day of July, 1999.

 

 

s/   Dennis A. Wicker

President of the Senate

 

 

s/   James B. Black

Speaker of the House of Representatives

 

 

s/   James B. Hunt, Jr.

Governor

 

 

Approved 9:21 p.m. this 5th day of August, 1999