Citizen's Arrest Laws of N.C.?

jmlefler said:

And just what is the difference between an 'arrest' and a 'detention'? If I am 'detained' by a LEO I assume I am 'arrested'.

Carry on

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In layman's terms a detention is a restriction of the free movement of a citizen conducted to determine, through various but limited degrees of investigation, as to whether or not a violation of law has occurred, or to provide a measure of safety for all parties involved during an encounter.

An arrest is made only after an LEO has reasonably determined that there is probable cause to conclude that a violation of law has occurred and that the individual arrested is the perpetrator of that crime.

A detention may or may not result in an arrest, depending on the circumstances. An arrest also triggers certain legal rights of the arrested where a detention will not.

It sounds picky, but after literally hundreds and hundreds of cases dealing with the act of arresting individuals, the ever-evolving world of case law has made very specific stipulations concerning the matter.

So if you are ever detained by a LEO, you should not assume that you are under arrest. In fact, ask very specifically as to your status. Ask things like "am I under arrest?" "Am I being detained?" or "Am I free to go?"

An officer has to be very specific in conveying to you your status. If you are under arrest, then there should be no doubt as to your status, because it invokes certain legalities that are not present in situations where someone is not under arrest.

To make it all that much more confusing, you can be placed in cuffs while you are being detained and not under arrest. If this is the case the officer will almost always tell you that you are not under arrest, but are being restrained for his/ her, as well as your "safety". Most states and localities consider this a legal policy. If your status changes during the detainment, the officer will let you know what that change entails (as in, whether you are now under arrest, or if you are now free to go).

Legally, there's a very specific set of regulations detailing the differences between being "detained" and being "arrested". Conversely, there's seems to be little outright difference to the one who is sitting in the back of a cruiser with cuffs on. In both cases, your freedom of movement is restricted, which always seems to be a sticking point of contention between the officer and the citizen :uhoh:

*Disclaimer*: I am not a lawyer, nor have I ever dressed like one for Halloween.

If you have to draw your weapon because your life or another persons life is in deadly threat then you should be prepared to use deadly force, and deadly force is exactly what I am going to use.

My question is if he is pointing the gun at the cashier and only the cashier then how do you know if its an imminent threat to the cashier, or is the sight of the gun being pointed the sign of imminent danger? Not to sound like a bitch but I don't want to spend a long stint in prison because a jury decided that the guy wasn't posing a dangerous threat even though to me he was.

KevlarCowboy said:

My question is if he is pointing the gun at the cashier and only the cashier then how do you know if its an imminent threat to the cashier, or is the sight of the gun being pointed the sign of imminent danger? Not to sound like a bitch but I don't want to spend a long stint in prison because a jury decided that the guy wasn't posing a dangerous threat even though to me he was.

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If the BG is pointing a gun at you would you conciser this as imminent threat/danger? I would...

I got my CCW for two reasons

For carry options and to find out when I can use deadly force....

You can use deadly force when you feel that death is imminent.... You may use deadly force to protect someone else IF they CAN use deadly force but are unable too...

SO that said ...with the above scene... BG points gun/knife/pipe/bat at the unarmed cashier You can use deadly force to protect....

muccione said:

I got my CCW for two reasons

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Here in NC, we have a CHP, or CCP, not a CCW. The only time concealed carry of a *weapon* is mentioned is when you are carrying a weapon to cause harm on someone else (i.e. criminal).

As for KC's questions, muccione is right - if your life is in imminent danger, then you can shoot. If you see someone else's life is in imminent danger, then there is a strong possibility you can shoot. IANAL

Even if you dont' plan on getting your CHP, I would strongly recommend taking the course. You can find them for about $80-100, and the certificate doesn't expire in case you do change your mind on getting your CHP (highly recommended, as it makes traveling and purchasing new guns much much easier). The course will teach you the laws, and will teach you what to look for while carrying, where you can and can't carry, and when you can and can't shoot.

smlawrence said:

"If you shoot, Shoot To Kill".

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whoa there big guy! Wrong! Wrong! Wrong!

just because it's called "deadly force" doesnt mean you have the right to kill. you must articulate that you were attempting to STOP THE THREAT! if you say you shot to kill expect charges!

"Granted my three well placed rounds to the face killed him before he hit the ground, but at least the threat was stopped"

Deadly Force

You can only use deadly force in NC "when (YOU KNOW) you'll be killed if you don't shoot them,or (YOU KNOW) the victim in this case Will BE SHOT if you don't shoot them" PERIOD. The terms (YOU KNOW)are terms you better use in court, because there will be an investigation/court if you shoot the guy.If the robber tries to retreat, You HAVE to let him.As far as detaining someone, your better off tossing the gun to the clerk and grappling the guy to the floor.But this- I would HIGHLY NOT recommend.Hide and stay out of harms way unless the guy is making swiss cheese outta the place.In that case, personally I would have no choice but to try to "stop" the guy. If he dies- TDB.

To repeat what other said you are not a LEO do not act like one. You could end up being sued even if not end up in jail. Just because a robber is holding up a cashier does not make it a case for use of deadly force. Most LEOs would not take a shot in this situation unless they were sure the cashier was in danger. It is policy in most depts NOT to engage a robber until the robber is clear of the victim. You could end up cause a shoot out making you liable. Common sense, if your life or another is not in eminent danger observe and remember, record, report, testify.

Thirty five years ago I was taking a report in a ER a man came in with a shotgun wrapped in a towel. As I exited the ER trauma room not knowing he was there he shoved the barrel into my stomach. A dogooder citizen playing hero jumped on his back. I barely cleared the barrel when the gun went off. The idiot could not understand that I did not thank him. During interrogation the perp crying apologized that he had no intention of shooting, but the idiot startled him. He did intend on shooting a doctor having a affair with his wife, who was not even there.

To repeat do not act, dress, present, or do anything else to give a false impression of being a LEO, this is one of the biggest misconceptions of the anti gun people. You could get people hurt.

If I was the minimum wage clerk I would much rather give the robber the 100 or so bucks in the register than have to clean up the mess!

But then perhaps the next shift gets to clean up the mess the robber left behind that used to be you...even if you did hand over the money.

moonie said:

But then perhaps the next shift gets to clean up the mess the robber left behind that used to be you...even if you did hand over the money.

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Nah, my couson wouldn't shoot me

smlawrence said:

The one thing that has always been told to me is "Don't pull your gun unless you intend to use it". Otherwise DON'T TOUCH IT. "If you shoot, Shoot To Kill". "One Story is Better Than Two"

In other words, protect yourself and your family. Watch & Report situations that you "MIGHT" encounter. If that one situation comes up and you have the opportunity to save someone elses life or whatever, then you will find out afterwards if it was the right one or not.

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:arrow: This is the best post by far that explains the severity of pulling out your weapon on a BG.. If ever a day comes that I am forced to pull.. you better believe I have already decided that my life or my loved ones life is in immediate danger & there is no other way around the situation.