CHARLOTTE, N.C. — A WCNC Charlotte viewer said they saw a video on social media of an off-duty officer in North Carolina arresting another person.
That led them to ask us: Can North Carolina officers arrest someone if they are off the clock?
THE SOURCES
- Attorney Gary Mauney, Partner at Mauney PLLC
- North Carolina law
- 1992 case of North Carolina v. Gaines
THE QUESTION
Can North Carolina officers arrest someone if they are off the clock?
WHAT WE FOUND
The answer depends on several different factors.
The rule in North Carolina is that an officer is almost never off duty even if they don't have the uniform on even if they are not in the police car they are on duty.
The outcome of the 1992 case shows the North Carolina court supports the conclusion that a police officer is always on duty.
The court states there is no distinction between on-duty and off-duty.
"You can be arrested by a police officer who stops you even if you are not in the police car even if he is not in uniform and really the only exception in North Carolina is case law and makes an acceptance and if the officer is on what's called a 'frolic,'" Attorney Gary Mauney said.
Mauney said the way the law reads-frolic implies when an officer is out drinking during their time off.
"Obviously, officers are not supposed to be drinking on the job they are not supposed to be making arrests and the same rule would apply if you don't have a uniform on," Mauney said.
Jurisdiction also comes into play.
"A Mecklenburg County officer can't just go to Cabarrus County and start making arrests generally speaking only if there is an exigent circumstance," Mauney explained.
So depending on the situation, an off-duty officer may be able to arrest you.
Contact Meghan Bragg at mbragg@wcnc.com and follow her on Facebook, Twitter and Instagram.
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