North Carolina General Statutes 15A-406. Assistance by federal officers
(a) For purposes of this section, “federal law enforcement officer” means any of the following persons who are employed as full-time law enforcement officers by the federal government and who are authorized to carry firearms in the performance of their duties:
(1) United States Secret Service special agents.
(2) Federal Bureau of Investigation special agents.
(3) Bureau of Alcohol, Tobacco and Firearms special agents.
(4) Special agents of the Department of Defense, including:
a. Army Criminal Investigation Division.
b. Naval Criminal Investigative Service.
c. Air Force Office of Special Investigations.
d. Defense Criminal Investigative Service.
(5) Drug Enforcement Administration special agents.
(6) United States Customs Service officers.
(7) United States Postal Service inspectors.
(8) Internal Revenue Service special agents.
(9) United States Marshals Service marshals and deputies.
(10) United States Forest Service officers.
(11) National Park Service officers.
(12) United States Fish and Wildlife Service officers.
(13) Immigration and Naturalization Service officers.
(14) Tennessee Valley Authority officers.
(15) Veterans Administration police officers.
(b) A federal law enforcement officer is authorized under the following circumstances to enforce criminal laws anywhere within the State:
(1) If the federal law enforcement officer is asked by the head of a state or local law enforcement agency, or his designee, to provide temporary assistance and the request is within the scope of the state or local law enforcement agency’s subject matter and territorial jurisdiction; or
(2) If the federal law enforcement officer is asked by a state or local law enforcement officer to provide temporary assistance when at the time of the request the state or local law enforcement officer is acting within the scope of his subject matter and territorial jurisdiction.
(c) A federal law enforcement officer shall have the same powers as those invested by statute or common law in a North Carolina law enforcement officer, and shall have the same legal immunity from personal civil liability as a North Carolina law enforcement officer, while acting pursuant to this section.
(d) A federal law enforcement officer who acts pursuant to this section shall not be considered an officer, employee, or agent of any state or local law enforcement agency.
(e) For purposes of the Federal Tort Claims Act, a federal law enforcement officer acts within the scope of his office or employment while acting pursuant to this section.
(f) Nothing in this section shall be construed to expand the authority of federal officers to initiate or conduct an independent investigation into violation of North Carolina law. ?(1991, c. 262, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 8; 1993 (Reg. Sess., 1994), c. 571, s. 1; 2001-257, s. 1; 2003-36, s. 1; 2022-73, s. 6.)
Terms Used In North Carolina General Statutes 15A-406
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3