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2018 Georgia Code 15-6-23 | Car Wreck Lawyer

TITLE 15 COURTS

Section 6. Superior Courts, 15-6-1 through 15-6-100.

ARTICLE 1 GENERAL PROVISIONS

15-6-23. Signing documents in any county in circuit.

Any judge of the superior courts may sign any document connected with the official duties of his office in any county comprising a part of his circuit, including all writs, orders, judgments, and warrants required to be signed by the judge. The document may be signed by the judge in any county within his circuit in which he is present at the time the document is signed.

(Ga. L. 1971, p. 363, § 1.)

JUDICIAL DECISIONS

Application to hold court of inquiry and issue search warrants.

- Judicial officer who was authorized to hold a court of inquiry under former Code 1933, § 27-401 (see now O.C.G.A. § 17-7-20) and to issue a search warrant under Ga. L. 1966, p. 567, § 14 (see now O.C.G.A. § 17-5-20) would, under Ga. L. 1971, p. 363, § 1 (see now O.C.G.A. § 15-6-23), be authorized to do so in any county of the officer's circuit. Allison v. State, 129 Ga. App. 364, 199 S.E.2d 587 (1973), cert. denied, 414 U.S. 1145, 94 S. Ct. 899, 39 L. Ed. 2d 101 (1974).

Municipal judge's cross-county reach.

- Authority of a municipal court judge to issue a search warrant does not stop at the county line where the municipality crosses that line into another county. Campbell v. State, 207 Ga. App. 366, 428 S.E.2d 111 (1993).

Cited in Granese v. State, 232 Ga. 193, 206 S.E.2d 26 (1974); Barksdale v. Ricketts, 233 Ga. 60, 209 S.E.2d 631 (1974); State v. Varner, 248 Ga. 347, 283 S.E.2d 268 (1981); Luangkhot v. State, 292 Ga. 423, 736 S.E.2d 397 (2013).

OPINIONS OF THE ATTORNEY GENERAL

In order for a search warrant or arrest warrant to be valid, the search warrant must be signed by a magistrate who is authorized to hold a court of inquiry under O.C.G.A. § 17-7-20 and who is physically present in the county in which he or she serves. 2000 Op. Atty. Gen. No. U2000-11.

Cases Citing O.C.G.A. § 15-6-23

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Luangkhot v. State, 292 Ga. 423 (Ga. 2013).

Cited 86 times | Published | Supreme Court of Georgia | Jan 7, 2013 | 736 S.E.2d 397

...ing State’s judicial circuits). Thus, a superior court’s authority to issue warrants is generally “limited to places within that court’s territorial jurisdiction.” State v. Lejeune, 277 Ga. 749, 752 (1) (594 SE2d 637) (2004); see also OCGA § 15-6-23 (superior court judge may sign warrants and other official documents “in any county comprising a part of his circuit”)....
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State v. Lejeune, 594 S.E.2d 637 (Ga. 2004).

Cited 22 times | Published | Supreme Court of Georgia | Mar 29, 2004 | 277 Ga. 749

...ty); Campbell v. State, 207 Ga.App. 366, 367-368(2), 428 S.E.2d 111 (1993); Allison v. State, 129 Ga.App. 364, 365-366(3), 199 S.E.2d 587 (1973) (superior court judge authorized to issue a search warrant for any county in his judicial circuit); OCGA § 15-6-23. [12] See Allison, supra; OCGA § 15-6-23....