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2018 Georgia Code 35-3-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-3-8 Case Law from Google Scholar Amendments to OCGA 35-3-8

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 1 GENERAL PROVISIONS

35-3-8. Powers of agents of bureau generally.

  1. All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
    1. Obtain and execute warrants for the arrest of persons charged with violations of such laws;
    2. Obtain and execute search warrants in the enforcement of such laws;
    3. Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant;
    4. Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties;
    5. Seize and take possession of all property which is declared contraband under such laws; and
    6. Carry firearms while performing their duties.
  2. The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner.

(Ga. L. 1980, p. 420, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 2003, p. 665, § 42.)

Cross references.

- Powers and duties of state revenue commissioner relating to enforcement of laws pertaining to manufacture or transportation of alcoholic beverages, § 3-2-30 et seq.

Authority of agents of bureau with regard to laws pertaining to operation of vessels or boats upon waters of state, § 27-1-24.

Powers and duties of state revenue commissioner relating to enforcement of laws pertaining to manufacture or transportation of cigars, cigarettes, and little cigars, § 48-11-19.

Editor's notes.

- Ga. L. 2003, p. 665, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Tax Revision Act of 2003.'"

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 233 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 42. 63C Am. Jur. 2d, Public Officers and Employees, §§ 230, 231, 241. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 30 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 587, 589. 63 C.J.S., Municipal Corporations, §§ 486, 487, 492 et seq., 503. 67 C.J.S., Officers and Public Employees, § 224 et seq.

Cases Citing O.C.G.A. § 35-3-8

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Owens v. State, 305 S.E.2d 102 (Ga. 1983).

Cited 71 times | Published | Supreme Court of Georgia | Jun 30, 1983 | 251 Ga. 313

...e GBI. The law provided that any district attorney may request the assistance of the GBI for investigative assistance as well as the head of a municipal or county fire department. Former Code Ann. § 92A-302. OCGA § 35-3-13. Ga. L. 1982, p. 3, OCGA § 35-3-8.1 (Code Ann....
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Haley v. State, 712 S.E.2d 838 (Ga. 2011).

Cited 42 times | Published | Supreme Court of Georgia | Jul 8, 2011 | 289 Ga. 515, 2011 Fulton County D. Rep. 2179

...requested by other agencies. Haley claims that the GBI therefore had no "power to act upon" the false statement alleged in the indictment—the killing of 16 unidentified people. Tesler, 295 Ga.App. at 577, 672 S.E.2d 522 (punctuation omitted). OCGA § 35-3-8.1 authorizes state or local officials to request the GBI to assist local *848 agencies in the "detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States." But we have not interpreted that statute to strictly limit the GBI's law enforcement authority....
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Meinken v. Burgess, 426 S.E.2d 876 (Ga. 1993).

Cited 9 times | Published | Supreme Court of Georgia | Mar 15, 1993 | 262 Ga. 863, 93 Fulton County D. Rep. 1165

...The interests of an arrested person will also be relatively the same; that is that all arrested persons would naturally prefer expungement as such records, whether one is innocent or guilty, are undesirable and may cause harm. Nevertheless, they are not public records, and their use is strictly regulated. OCGA §§ 35-3-8; 31-7-260....
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Kilgore v. R. W. Page Corp., 405 S.E.2d 655 (Ga. 1991).

Cited 9 times | Published | Supreme Court of Georgia | Jul 3, 1991 | 261 Ga. 410, 19 Media L. Rep. (BNA) 1063

...First, although a coroner's inquest may uncover facts that lead to the prosecution of a person for homicide, OCGA § 45-16-35, a coroner has no law enforcement authority such as that given to the Georgia Bureau of Investigation, see OCGA §§ 35-3-4(b) and 35-3-8, and the Georgia State Patrol, see OCGA §§ 35-2-32 and 35-3-33....