Title: S.L. 1991-150
Category: Session Law

GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 150
SENATE BILL 52

AN ACT TO CLARIFY THE AUTHORITY OF LAW ENFORCEMENT OFFICERS TO ARREST WITHOUT A WARRANT FOR CERTAIN MISDEMEANORS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 15A-401(b) reads as rewritten:
"(b)	Arrest by Officer Without a Warrant. – 
(1)	Offense in Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officer's presence.
(2)	Offense Out of Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe:
a.	Has committed a felony; or
b.	Has committed a misdemeanor, and:
1.	Will not be apprehended unless immediately arrested, or
2.	May cause physical injury to himself or others, or damage to property unless immediately arrested; or 
c.	Has committed a misdemeanor under G.S. 14-72.1 or G.S. 14-134.3; or
d.	Has committed a misdemeanor under G.S. 14-33(a), G.S. 14-33(b)(1), or G.S. 14-33(b)(2) when the offense was committed by a person who is the spouse or former spouse of the alleged victim or by a person with whom the alleged victim is living or has lived as if married.
	."
Sec. 2.  This act becomes effective October 1, 1991.
In the General Assembly read three times and ratified this the 29th day of May, 1991.

─────────────────── 
James C. Gardner
President of the Senate

─────────────────── 
Daniel Blue, Jr.
Speaker of the House of Representatives

Page 	S.L. 1991-150	Senate Bill 52

Senate Bill 52	S.L. 1991-150	Page