GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 685*

Short Title:  Arrest Warrants/Copies.	(Public)

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Sponsors: Representatives Bridgeman; Alexander, Barefoot, Cox, Cunningham, Dedmon, Earle, Gibson, Goodwin, Horn, McLawhorn, Melton, Moore, Rayfield, Saunders, Thomas, Tucker, Warren, and C. Wilson.

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Referred to:  Judiciary III.

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March 30, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ARREST A PERSON ON PRIVATE PREMISES OR IN A VEHICLE IN ACCORDANCE WITH STATE LAW WITH A COPY OF THE ORIGINAL ARREST WARRANT OR ORDER.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-401(e) reads as rewritten:
"(e)	Entry on Private Premises or Vehicle; Use of Force. – 
(1)	A law-enforcement officer may enter private premises or a vehicle to effect an arrest when:
a.	The officer has in his possession a warrant or order or a copy of the warrant or order for the arrest of a person or is authorized to arrest a person without a warrant or order having been issued,
b.	The officer has reasonable cause to believe the person to be arrested is present, and
c.	The officer has given, or made reasonable effort to give, notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe that the giving of such notice would present a clear danger to human life.
(2)	The law-enforcement officer may use force to enter the premises or vehicle if he reasonably believes that admittance is being denied or unreasonably delayed, or if he is authorized under subsection (e)(1)c to enter without giving notice of his authority and purpose."
Section 2.  This act is effective when it becomes law.