All members of the Highway Patrol and law enforcement officers of the Department of Public Safety shall have the power:
(1) Of peace officers for the purpose of enforcing the provisions of this Article, G.S. 14-160.4, and of any other law regulating the operation of vehicles or the use of the highways.
(2) To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of this Article or other laws regulating the operation of vehicles or the use of the highways.
(3) At all times to direct all traffic in conformance with law, and in the event of a fire or other emergency or to expedite traffic or to ensure safety, to direct traffic as conditions may require, notwithstanding the provisions of law.
(4) When on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of this Article or of any other law regulating the operation of vehicles to require the driver thereof to stop and exhibit his driver's license and the registration card issued for the vehicle, and submit to an inspection of such vehicle, the registration plates and registration card thereon or to an inspection and test of the equipment of such vehicle.
(5) To inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof.
(6) To serve all warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways.
(7) To investigate traffic accidents and secure testimony of witnesses or of persons involved.
(8) To investigate reported thefts of motor vehicles, trailers and semitrailers and make arrest for thefts thereof.
(9) For the purpose of determining compliance with the provisions of this Chapter, to inspect all files and records of the persons hereinafter designated and required to be kept under the provisions of this Chapter or of the registrations of the Division:
a. Persons dealing in or selling and buying new, used or junked motor vehicles and motor vehicle parts; and
b. Persons operating garages or other places where motor vehicles are repaired, dismantled, or stored. (1937, c. 407, s. 14; 1955, c. 554, s. 1; 1975, c. 716, s. 5; 1979, c. 93; 2002-159, s. 31.5(b); 2002-190, s. 5; 2011-145, s. 19.1(g); 2022-73, s. 4(b); 2024-57, s. 3E.2(d).)
Notes of Decisions
Cited in
7
cases, 1972–2018 · leading case:
State v. Nickens, 821 S.E.2d 864 (N.C. Ct. App. 2018).
State v. Nickens, 821 S.E.2d 864 (N.C. Ct. App. 2018).
· cites it 14× “" N.C. Gen. Stat. § 20-49.1 (a). While we recognize the legislature has narrowed the jurisdiction of DMV inspectors, Inspector Wall was acting under the authority given to him by N.”
Thompson Cadillac-Oldsmobile, Inc. v. Silk Hope Auto., Inc., 361 S.E.2d 418 (N.C. Ct. App. 1987).
· cites it 2× “(5) To inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof.”
State v. Francum, 250 S.E.2d 705 (N.C. Ct. App. 1979).
· cites it 2× “The State further argues that under G.S. §§ 20-49(7), 20-166.1 (e) Trooper Church had a duty to investigate traffic accidents and file a written report detailing the results of his investigation.”
State v. Baker, 310 S.E.2d 101 (N.C. Ct. App. 1983).
“Yet, more importantly, Turney, as authorized under G.S. 20-49(5), may “inspect any vehicle .”
State v. Nickens, No. 18-45 (N.C. Ct. App. Nov. 6, 2018).
· cites it 14× “” N.C. Gen. Stat. § 20-49.1 (a). While we recognize the legislature has narrowed the jurisdiction of DMV inspectors, Inspector Wall was acting under the authority given to him by N.”
State v. Allen, 190 S.E.2d 714 (N.C. Ct. App. 1972).
“Nor do we believe G.S. 20-49(2) and (4) are irreconcilable with G.”
State v. Clark, 203 S.E.2d 103 (N.C. Ct. App. 1974).
“See also G.S. 20-49(4). Officer Liggins was attempting to perform his duty and had every right to pursue defendant Betty Jo Clark and place her under arrest.”
N.C. Gen. Stat. § 20-49(2): 1 case
State v. Allen, 190 S.E.2d 714 (N.C. Ct. App. 1972).
“Nor do we believe G.S. 20-49(2) and (4) are irreconcilable with G.”
N.C. Gen. Stat. § 20-49(4): 1 case
State v. Clark, 203 S.E.2d 103 (N.C. Ct. App. 1974).
“See also G.S. 20-49(4). Officer Liggins was attempting to perform his duty and had every right to pursue defendant Betty Jo Clark and place her under arrest.”
N.C. Gen. Stat. § 20-49(5): 1 case
State v. Baker, 310 S.E.2d 101 (N.C. Ct. App. 1983).
“Yet, more importantly, Turney, as authorized under G.S. 20-49(5), may “inspect any vehicle .”
N.C. Gen. Stat. § 20-49(7): 1 case
State v. Francum, 250 S.E.2d 705 (N.C. Ct. App. 1979).
“The State further argues that under G.S. §§ 20-49(7), 20-166.1 (e) Trooper Church had a duty to investigate traffic accidents and file a written report detailing the results of his investigation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.