§ 113-136. Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors.
§ 113‑136. Enforcement authority of inspectors and protectors; refusal to obey or allowinspection by inspectors and protectors.
(a) Inspectors and protectors are granted the powers of peaceofficers anywhere in this State, and beyond its boundaries to the extentprovided by law, in enforcing all matters within their respective subject‑matterjurisdiction as set out in this section.
(b) The jurisdiction of inspectors extends to all matters withinthe jurisdiction of the Department set out in this Subchapter, Part 5D ofArticle 7 of Chapter 143B of the General Statutes, Article 5 of Chapter 76 ofthe General Statutes, and Article 2 of Chapter 77 of the General Statutes, andto all other matters within the jurisdiction of the Department which it directsinspectors to enforce. In addition, inspectors have jurisdiction over alloffenses involving property of or leased to or managed by the Department inconnection with the conservation of marine and estuarine resources.
(c) The jurisdiction of protectors extends to all matters withinthe jurisdiction of the Wildlife Resources Commission, whether set out in thisChapter, Chapter 75A, Chapter 143, Chapter 143B, or elsewhere. The WildlifeResources Commission is specifically granted jurisdiction over all aspects of:
(1) Boating and water safety;
(2) Hunting and trapping;
(3) Fishing, exclusive of fishing under the jurisdiction of theMarine Fisheries Commission; and
(4) Activities in woodlands and on inland waters governed byG.S. 113‑60.1 to G.S. 113‑60.3.
Inaddition, protectors have jurisdiction over all offenses involving property ofor leased by the Wildlife Resources Commission or occurring on wildliferefuges, game lands, or boating and fishing access areas managed by theWildlife Resources Commission. The authority of protectors over offenses onpublic hunting grounds is governed by the jurisdiction granted the Commissionin G.S. 113‑264(c).
(d) Inspectors and protectors are additionally authorized toarrest without warrant under the terms of G.S. 15A‑401(b) for felonies,for breaches of the peace, for assaults upon them or in their presence, and forother offenses evincing a flouting of their authority as enforcement officersor constituting a threat to public peace and order which would tend to subvertthe authority of the State if ignored. In particular, they are authorized,subject to the direction of the administrative superiors, to arrest forviolations of G.S. 14‑223, 14‑225, 14‑269, and 14‑277.
(d1) In addition to law enforcement authority granted elsewhere, aprotector has the authority to enforce criminal laws under the followingcircumstances:
(1) When the protector has probable cause to believe that aperson committed a criminal offense in his presence and at the time of theviolation the protector is engaged in the enforcement of laws otherwise withinhis jurisdiction; or
(2) When the protector is asked to provide temporary assistanceby the head of a State or local law enforcement agency or his designee and therequest is within the scope of the agency's subject matter jurisdiction.
While acting pursuant to this subsection, a protector shall have thesame powers invested in law enforcement officers by statute or common law. Whenacting pursuant to (2) of this subsection a protector shall not be consideredan officer, employee, or agent for the state or local law enforcement agency ordesignee asking for temporary assistance. Nothing in this subsection shall beconstrued to expand the authority of protectors to initiate or conduct anindependent investigation into violations of criminal laws outside the scope oftheir subject matter or territorial jurisdiction.
(e) Inspectors and protectors may serve arrest warrants, searchwarrants, orders for arrest, criminal summonses, subpoenas, and all otherprocess connected with any cases within their subject‑matterjurisdiction. In the exercise of their law enforcement powers, inspectors aresubject to provisions relating to police officers in general set out in Chapter15, Chapter 15A, and elsewhere.
(f) Inspectors and protectors are authorized to stoptemporarily any persons they reasonably believe to be engaging in activityregulated by their respective agencies to determine whether such activity isbeing conducted within the requirements of the law, including licenserequirements. If the person stopped is in a motor vehicle being driven at thetime and the inspector or protector in question is also in a motor vehicle, theinspector or protector is required to sound a siren or activate a speciallight, bell, horn, or exhaust whistle approved for law‑enforcementvehicles under the provisions of G.S. 20‑125(b) or 20‑125(c).
(g) Protectors may not temporarily stop or inspect vehiclesproceeding along primary highways of the State without clear evidence thatsomeone within the vehicle is or has recently been engaged in an activityregulated by the Wildlife Resources Commission. Inspectors may temporarily stopvehicles, boats, airplanes, and other conveyances upon reasonable grounds tobelieve that they are transporting seafood products; they are authorized toinspect any seafood products being transported to determine whether they weretaken in accordance with law and to require exhibition of any applicablelicense, receipts, permits, bills of lading, or other identification requiredto accompany such seafood products.
(h), (i) Repealed by Session Laws 1979, c. 830, s. 1.
(j) The refusal of any person to stop in obedience to thedirections of an inspector or protector acting under the authority of thissection is unlawful. A violation of this subsection is a Class 3 misdemeanorand may include a fine of not less than fifty dollars ($50.00).
(k) It is unlawful to refuse to exhibit upon request by anyinspector, protector, or other law enforcement officer any item required to becarried by any law or rule as to which inspectors or protectors haveenforcement jurisdiction. The items that must be exhibited include boatingsafety or other equipment or any license, permit, tax receipt, certificate, oridentification. It is unlawful to refuse to allow inspectors, protectors, orother law enforcement officers to inspect weapons, equipment, fish, or wildlifethat the officer reasonably believes to be possessed incident to an activityregulated by any law or rule as to which inspectors and protectors haveenforcement jurisdiction.
(l) Nothing in this section authorizes searches within thecurtilage of a dwelling or of the living quarters of a vessel in contraventionof constitutional prohibitions against unreasonable searches and seizures. (1915, c. 84, s. 6; 1917, c. 290, s. 2; C.S., s. 1885;1935, c. 118; 1957, c. 1423, s. 2; 1965, c. 957, s. 2; 1973, c. 1262, ss. 18,28, 86; c. 1286, s. 17; c. 1297; 1977, c. 771, s. 4; 1979, c. 830, s. 1; 1987,c. 641, ss. 20, 22; c. 827, s. 98; 1991, c. 730, s. 1; 1997‑80, s. 5;1998‑225, ss. 3.1, 3.2.)