14B NCAC 07A .0102       COMMITMENT OF FORCES

(a)  Only the Patrol Commander or his designated representative shall authorize the actual commitment of patrol forces to assist local officials with civil disturbances, after obtaining permission of the Secretary of the Department of Crime Control and Public Safety or his representative or the Governor.  Provided, however, that pending instructions from patrol headquarters, the ranking patrol official on the scene shall have the authority to temporarily commit such forces as are necessary to control an emergency situation where it reasonably appears that the lives of citizens are endangered or the destruction of public or private property is threatened.

(b)  Patrol forces will work under the control of patrol officers, and patrol members will assist in coordinating activities of all state patrol and local official agencies involved.  Any unlawful or unauthorized act on the part of any patrol member will not be excusable on the grounds that it was the result of an order or request received from a local officer or civil official.

 

History Note:        Authority G.S. 20-184; 20-185; 20-187; 20-188;

Eff. November 21, 1977;

Transferred from 14A NCAC 09H .0202 Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.