14B NCAC 06C .1101. ARREST POLICY

(a)  An agent shall issue citations or make arrests only for definite, clear-cut and substantial violations.  Agents shall not issue citations nor make arrests for frivolous, technical, or borderline violations.  Factors such as race, sex, economic status, or familial, political or fraternal affiliation shall not influence an agent in any manner whatsoever.

(b)  The agent shall issue the pink copy of the North Carolina Uniform Citation for all definite, clear-cut and substantial violations.  If the agent has reason to believe that the offender is not likely to submit to the jurisdiction of the court as cited, or if the offense is one which requires arrest, he shall arrest the offender and shall, without unreasonable delay take him before a judicial official of the General Court of Justice as defined in N.C. General Statutes Chapter 15A, and as provided in Regulation .1103 of this Section.

(c)  Upon arrest, the agent shall, without unnecessary delay, advise the offender of his right to communicate with counsel, family and friends, and must allow him reasonable time and opportunity to do so.

(d)  An agent shall inform every accused person of the specific law which he is charged to have violated. If facts are subsequently discovered which require additional charges to be filed, the offender shall be informed of the additional charges prior to trial time.

 

History Note:        Authority G.S. 15A-501; 18B-500; 143B-10;

Eff. February 1, 1980;

Amended Eff. August 1, 1988;

Transferred from 14A NCAC 08H .1101 Eff. June 1, 2013.