In Re the Revocation of the License of Gardner

PARKER, Judge.

Appellant first contends that the court erred in ruling that the officer’s warrantless arrest of petitioner under the circumstances disclosed by this record was unlawful. As pertinent to this question, G.S. 15A-401 provides:

G.S. 15A-401. Arrest by law-enforcement officer.—

* * *(b) Arrest by Officer Without a Warrant.—(2) Offense Out of Presence of Officer.—

An officer may arrest without a warrant any person who the officer has probable cause to believe:

a. Has committed a felony; or

b. Has committed a misdemeanor, and:

1. Will not be apprehended unless immediately arrested, or

2. May…