'Citizen's Arrest' Not Now
In Effect In North Carolina
By DAVID
WILLIAMSON
Every once in a while,
North Carolina resi
dents witness crimes be
ing committed and won
der what to do.
Should they put on
their Clint Eastwood
hats and make a
"citizen's arrest?"
Should they call the
law? Or look the other
way quickly and ease on
down the road?
Can they be sued if
they make a mistake?
Can they be charged for
doing nothing?
As a general rule, it
is wisest simply to notify
police, give them the
appropriate informa
tion and let them do
what they have been
trained for," said
Robert L. Farb,
assistant director of the
Institute of Government
at the University of
North Carolina at
Chapel Hill.
'Probably most
people consider that the
duty of a good citizen
and common sense,"
Farb said. "With a few
exceptions like child
abuse and neglect,
however, there is no
statute requiring that
crimes be reported."
It may come as a sur
prise to some, but there
is no longer a "citizen's
arrest" provision in
state law, he said.
In 1975, the state
legislature abolished
that power, which began
in English common law,
replacing it with the
concept of "citizen's
detention." The newer
statute was intended to
reduce the chance that
people would act
without authority and
place themselves or
others in danger un
necessarily.
According to Chapter
15A of the state's
Criminal Procedure
Act, a private person
may detain another per
son when he has
"probable cause"—a
legal term for good
reason—to believe that
the person in his pre
sence has committed a
felony, a breach of the
peace, a crime involving
physical injury to
another person, theft or
destruction of property.
The detention must be
done reasonably, con
sidering the offense,
Farb said and the
citizens must im
mediately notify a law
enforcement officer and
surrender the suspect.
It is important to
remember that the of
fense has to have been
committed in the per
son's presence.
"Except for mer
chants, who have a bit
more leeway, being told
that someone stole
something, for example,
is not good enough, and
not good enough, and
detaining him wrongly
can result in criminal
charges or a civil suit,"
he warned.
Exactly what con
stitutes a "breach of the
peace" is open to
question in some cases,
said Farb, who advises
court and law enforce
ment officials across the
state. Inciting a riot or
fighting in public cer
tainly qualify, but
playing a radio too loud
ly would not. An
argument on a public
street might or might
not be a breach of the
peace, depending on
how violent it became.
The most important
thing to remember is not
to use deadly or ex
cessive force in trying to
detain someone, he said.
It is legal to hold a
suspect with just enough
force to prevent escape,
but it is definitely not
legal to use a weapon to
prevent escape.
The consciences of
acting rashly can be
staggering.
In 1981, for example,
the N. C. Supreme Court
upheld the first degree
murder conviction and
life imprisonment sen
tence of a convenience
store operator in
Charlotte who had fired
at and killed a young
man who was fleeing
with two six packs of
stolen beer.
Although the killing
was not premeditated,
the fact that the man
had fired into an oc
cupied vehicle, which is
a felony, made it first
degree murder auto
matically.
"Since just pointing a
gun at someone inten
tionally may make you
guilty of assault with a
deadly weapon or
assault by pointing a
gun, I would advise
private citizens not to
use guns or any deadly
weapon to exercise their
power to detain," Farb
said.
The only lawbreakers
private persons can still
arrest are fugitives
from other states who
have been charged with
crimes punishable by
death or more than one
year in prison, he said.
They also can assist law
enforcement officers in
making arrests if asked.
Nugget City
San Francisco began in
1835 as Yerba Buena—a
modest settlement near a
1776 Spanish mission and
fort. Phenomenal growth
spawned by the gold rush
continued into the late 1800s,
and the city emerged as a fi
nancial and commercial
colossus of the Far West.
People do have the
right to resist an
unlawful arrest or
detention with
reasonable, but not
deadly, force, Farb
said. As a result, citi
zens need to be more
than just suspicious be
fore trying to detain
anyone.
They also need to
"You can be a hero
and you can be a dead
hero," the attorney said.
"My personal philoso
phy is that if someone
has just stolen my car,
for example, I'm not
going to risk my life or
serious injury trying to
detain him."
Mrs. Eva M. Clayton, chairperson of the Warren
County Commissioners, was sworn in as a member
of the Board of Directors of the N. C. Housing
Finance Agency last Thursday at the Warren Coun
ty Courthouse. She is shown above taking the oath of
office from District Court Judge J. Larry Senter of
Franklinton. The agency provides housing finance
assistance to low and moderate Income families in
conjunction with private lenders as well as com
mercial lending institutions. Mrs. Clayton was ap
pointed recently by Governor Jim Hunt for a two
year term on the board. (Staff Photo)
Plans Announced
For Homecoming
Sulphur Spring! Bap
tist Church will observe
homecoming this Sun
day, Sept. 16 according
to the Rev. Julian K.
Mills, Sr., pastor. Guest
speaker will be the Rev.
Edward Laffman,
retired director of
ussions for the Cullom
Baptist Association.
Dinner will be served
in the Fellowship Build
ing following the morn
ing worship service. At 2
p. m. there will be a
special singing in the
church with The Thomp
son Family Singers.
Also, the homecoming
is a time for special giv
ing to the church's build
ing fund. This years re
ceipts will go towards
remodelling the sanc
tuary.