NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 498

HOUSE BILL 635

 

 

AN ACT TO PERMIT PERSONS DESIGNATED BY THE CHIEF OF THE RURAL POLICE IN GASTON COUNTY AND THE SHERIFF OF GASTON COUNTY TO ISSUE ARREST WARRANTS AND SEARCH AND SEIZURE WARRANTS.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Chief of the Gaston County Rural Police is hereby authorized and empowered to appoint three (3) persons in his department and the Sheriff of Gaston County is hereby authorized and empowered to appoint three (3) persons that are deputy sheriffs, and the persons appointed by the Chief of Gaston County Rural Police and the Sheriff of Gaston County shall have authority and power to issue criminal arrest warrants and warrants for seach and seizure in the same manner and to the same extent as if they were duly qualified justices of the peace. The power and authority of the persons so appointed shall include the authority to set an appearance bond to guarantee the appearance of the accused at a trial or preliminary hearing. All arrest warrants and criminal processes issued by these people so appointed shall be honored by any judicial official and any law enforcement officer in the same manner and to the same extent as though they had been issued by a duly authorized justice of the peace.

Sec. 2. The Chief of the Gaston County Rural Police and the Sheriff of Gaston County shall file a certificate with the Clerk of Superior Court of Gaston County setting forth the names and addresses of the persons so appointed under the provisions of this Act and such appointees shall serve at the pleasure of the person by whom they were appointed.

Sec. 3. It shall be unlawful for any law enforcement officer who may have been appointed under the provisions of this Act with authority to issue arrest warrants or other criminal process to execute or participate in the execution of any warrant or criminal process issued by him. Furthermore, it shall be unlawful for any person empowered to issue arrest warrants or other criminal process under the authority of this Act to conduct any trial or preliminary hearing in any matter whatsoever.

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of May, 1965.