facts raising exception (Georgia) · Go Syfert
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facts raising exception in Georgia

5 Georgia opinions name it 1 courts 1939–2019 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Collins v. Sadlogreen
gactapp · 1983 · cited in 2 Georgia opinions naming this issue, 2009–2019
2 sentences

2019(Citations, punctuation, and emphasis omitted.) Collins v. Sadlo , 167 Ga. App. 317 , 318, 306 S.E.2d 390 (1983). (1) Individual Defendants With regard to the element of an unlawful detention, there is no evidence that McClendon was confined by anyone before the MARTA detective placed him under arrest without a warrant. 4 Because none of the Individual Defendants personally detained McClendon, as to them, this case presents the question of whether there is evidence that any of them wrongfully procured McClendon's warrantless arrest by the detective. [Georgia] law draws a fine line of demarcati

2019(Citations, punctuation, and emphasis omitted.) Collins v. Sadlo , 167 Ga. App. 317 , 318, 306 S.E.2d 390 (1983). (1) Individual Defendants With regard to the element of an unlawful detention, there is no evidence that McClendon was confined by anyone before the MARTA detective placed him under arrest without a warrant. 4 Because none of the Individual Defendants personally detained McClendon, as to them, this case presents the question of whether there is evidence that any of them wrongfully procured McClendon's warrantless arrest by the detective. [Georgia] law draws a fine line of demarcati

12
Vlass v. McCrarygreen
gactapp · 1939 · cited in 1 Georgia opinions naming this issue, 1983–1983
2 sentences

1983Where the arrest is without a warrant and is illegal, no amount of good faith or probable cause will excuse the defendants. [Cits.]” (Emphasis supplied.) Vlass v. McCrary, 60 Ga. App. 744, 747 ( 5 SE2d 63 ) (1939).

1983Where the arrest is without a warrant and is illegal, no amount of good faith or probable cause will excuse the defendants. [Cits.]” (Emphasis supplied.) Vlass v. McCrary, 60 Ga. App. 744, 747 ( 5 SE2d 63 ) (1939).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Piedmont Hotel Co. v. Henderson green
gactapp · 1911
2 sentences

1951“Whoever arrests or imprisons a person without a warrant is guilty of a tort, unless he can justify under some of the exceptions in which arrest and imprisonment without a warrant are permitted by law; and the burden of proving the existence of the facts raising the exception is upon the person making the arrest or inflicting the imprisonment.” Piedmont Hotel Co. v. Henderson, 9 Ga. App. 672 ( 72 S. E. 51 ).

1951“Whoever arrests or imprisons a person without a warrant is guilty of a tort, unless he can justify under some of the exceptions in which arrest and imprisonment without a warrant are permitted by law; and the burden of proving the existence of the facts raising the exception is upon the person making the arrest or inflicting the imprisonment.” Piedmont Hotel Co. v. Henderson, 9 Ga. App. 672 ( 72 S. E. 51 ).

21939–1951
Hines v. Adams green
gactapp · 1921
1 sentence

1939When this witness was unable to testify to this fact, and there was no evidence of sales by the plaintiff, I requested the recorder to dismiss the case, which was done.” The Code, § 27-207, provides: “An arrest for a crime may be made by an officer, either under a warrant, or without a warrant if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant.” But “Whoever arrests or imprisons a person without a warrant is guilty of a tort, unless he can justify under so

11939–1939
Hines v. Adams neutral
gactapp · 1921
1 sentence

1939When this witness was unable to testify to this fact, and there was no evidence of sales by the plaintiff, I requested the recorder to dismiss the case, which was done.” The Code, § 27-207, provides: “An arrest for a crime may be made by an officer, either under a warrant, or without a warrant if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant.” But “Whoever arrests or imprisons a person without a warrant is guilty of a tort, unless he can justify under so

11939–1939

Statutes the citing opinions construe

GA § 51-7-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 5 (1939–2019) NY 2 (1896–1896)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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