North Carolina General Statutes Chapter 7B. Juvenile Code § 7B-1904.5. Execution of secure custody order by law enforcement officer

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) [Execution of Order.--]A law enforcement officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms and need not inquire into its regularity or continued validity nor does the law enforcement officer incur criminal or civil liability for its execution.

(b) Entry on Private Premises or Vehicle and Use of Force.--A law enforcement officer may enter a private premises or a vehicle to take a juvenile into custody when all of the following requirements are met:

(1) The law enforcement officer has in the law enforcement officer's possession a secure custody order or a copy of the order, provided that a law enforcement officer may utilize a copy of a secure custody order only if the original order is in the possession of a member of a law enforcement agency located in the county where the law enforcement officer is employed and the law enforcement officer verifies with the agency that the order is current and valid.

(2) The law enforcement officer has reasonable cause to believe the juvenile to be taken into custody is present in the premises or vehicle.

(3) The law enforcement officer has given, or made a reasonable effort to give, notice of the law enforcement officer's authority and purpose to an occupant of the premises or vehicle, unless there is reasonable cause to believe that the giving of such notice would present a danger to the life or safety of any person.

A law enforcement officer may use force to enter the premises or vehicle if the law enforcement officer believes that admittance is being denied or unreasonably delayed or if the law enforcement officer is authorized under subdivision (3) of this subsection to enter without giving notice of the law enforcement officer's authority and purpose.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 7B. Juvenile Code § 7B-1904.5. Execution of secure custody order by law enforcement officer - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-7b-juvenile-code/nc-gen-st-sect-7b-1904-5/

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