what? you afraid to use google?
I suggest you read your state statues and case law to get a good picture...google scholar is available
Its state dependent ~ so look up the state in question .. you did not state which state you were interested in...
Seeing as he posted the thread in the North Carolina subforum I would venture to guess he is not asking about Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin or Wyoming.
Unless it was moved here by a moderator.