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NORTH CAROLINA STATUTES AND CODES

§ 20-49.1. Supplemental police authority of Division officers.

§ 20‑49.1.  Supplementalpolice authority of Division officers.

(a)        In addition to thelaw enforcement authority granted in G.S. 20‑49 or elsewhere, theCommissioner and the officers and inspectors of the Division whom theCommissioner designates have the authority to enforce criminal laws under anyof the following circumstances:

(1)        When they haveprobable cause to believe that a person has committed a criminal act in theirpresence and at the time of the violation they are engaged in the enforcementof laws otherwise within their jurisdiction.

(2)        When they are askedto provide temporary assistance by the head of a State or local law enforcementagency or his designee and the request is within the scope of the agency'ssubject matter jurisdiction.

While acting pursuant to thissubsection, the Division officers shall have the same powers vested in lawenforcement officers by statute or common law. When acting pursuant tosubdivision (2) of this subsection, the Division officers shall not beconsidered an officer, employee, or agent of the State or local law enforcementagency or designee asking for temporary assistance. Nothing in this sectionshall be construed to expand the Division officers' authority to initiate orconduct an independent investigation into violations of criminal laws outsidethe scope of their subject matter or territorial jurisdiction.

(b)        In addition to thelaw enforcement authority granted in G.S. 20‑49 or elsewhere, theCommissioner and the officers and inspectors of the Division whom theCommissioner designates have the authority to investigate drivers license fraudand identity thefts related to drivers license fraud and to make arrests forthese offenses. (2004‑148,s. 1.)

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