The North Carolina Criminal Law Blog notes that a new case implicates law enforcement officers’ authority when off-duty.
The issue was addressed in State v. Capps, North Carolina Supreme Court.
The rule of the case is that on officer who is off-duty is still an officer and has the authority to, among other things, search, arrest and seize. There is no distinction, the Court ruled, between an officer’s on- or off-duty status, said Greensboro Criminal Defense attorney.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
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This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.