Being Arrested
G.S. 15A-401 — when an officer may arrest without a warrant, and what the officer says
In North Carolina, an officer may arrest without a warrant anyone the officer has probable cause to believe committed a criminal offense in the officer's presence. Out of the officer's presence, a warrantless arrest is allowed for a felony, and for a misdemeanor only when the person will not be caught unless arrested at once or may cause injury or property damage unless arrested at once, or when it is one of the misdemeanors the statute lists, among them impaired driving, shoplifting concealment, and certain assaults committed by someone the alleged victim has a personal relationship with.
Who the officer is, that it is an arrest, and why. An arrest is complete when the person submits to an officer who has indicated an intention to arrest, or when the officer takes the person into custody by physical force. The officer then identifies themselves as an officer unless that is apparent, tells the person they are under arrest, and as promptly as is reasonable tells them the cause, unless it is evident.
To make an arrest inside private premises or a vehicle, the officer has the warrant or order or a verified copy, or authority to arrest without one; has reasonable cause to believe the person is there; and has given or reasonably tried to give notice of authority and purpose to an occupant, unless that notice would present a clear danger to human life. Force may be used to enter if admittance is denied or unreasonably delayed.
The section also sets when an officer may use force and deadly force in making an arrest, and says that nothing in it excuses unreasonable or excessive force or bars a civil action over an arrest it does not authorize.
Sources for this section (1)
- G.S. 15A-401 — Arrest by law enforcement officer
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.