When Force Is Used
G.S. 15A-401 — the force an officer reasonably believes necessary to arrest, and deadly force only in narrower cases
North Carolina's rule for police force in an arrest is in its criminal procedure act. A law enforcement officer is justified in using force when and to the extent the officer reasonably believes it necessary to make an arrest of, or prevent the escape from custody of, a person the officer reasonably believes committed a criminal offense, unless the officer knows the arrest is unauthorized, or to defend the officer or a third person from what the officer reasonably believes is the use or imminent use of physical force during the arrest or escape.
Deadly force is justified only in narrower cases. Deadly physical force is justified only when it is or appears reasonably necessary to defend the officer or a third person from what the officer reasonably believes is the use or imminent use of deadly physical force; to arrest, or prevent the escape of, a person the officer reasonably believes is escaping by means of a deadly weapon or who by conduct or other means shows an imminent threat of death or serious physical injury to others unless apprehended without delay; or to prevent the escape of a person in custody on a felony conviction.
Not an excuse. The section says nothing in it justifies willful, malicious or criminally negligent conduct that injures or endangers any person or property, or excuses or justifies unreasonable or excessive force.
An officer who sees it. An officer in the line of duty who sees another officer use force the observing officer reasonably believes exceeds what the section authorizes, and who has a reasonable opportunity to intervene, attempts to intervene to prevent it if it is safe to do so. The observing officer also reports it to a superior officer in the agency within a reasonable time not to exceed 72 hours, whether or not there was a chance to intervene.
Resisting with deadly force. A person is not justified in using a deadly weapon or deadly force to resist an arrest by an officer using reasonable force, when the person knows or has reason to know it is an officer making an arrest, and that the arrest was not authorized is no defense to a charge arising from that force. The same subsection says nothing in it excuses an officer's unreasonable or excessive force or bars a civil action arising out of an arrest the article does not authorize.
This is the statute, not an assessment. Whether a particular use of force was reasonable, what claims and immunities apply, and the deadlines for bringing them turn on facts and on law this section does not contain. A licensed North Carolina attorney is who answers them.
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.