O.C.G.A.

O.C.G.A. § 17-13-33 (2019)

Arrest of person charged with crime in another state under warrant based upon oath or affidavit of another person

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Whenever any person within this state shall be charged, on the oath of any credible person before any judge or magistrate of this state, with the commission of any crime in any other state and, except in cases arising under Code Section 17-13-25, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or with having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth, on the affidavit of any credible person in another state, that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime and, except in cases arising under Code Section 17-13-25, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or with having broken the terms of his bail, probation, or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer, commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

History

Ga. L. 1951, p. 726, § 13.

Annotations

JUDICIAL DECISIONS Probable cause may be based on affidavit from demanding state. - Arrest warrant may be issued by a judge or magistrate of this state based on a determination of probable cause to arrest for a crime committed in another state which

may be made on the basis of affidavits originating in the demanding state in an informal proceeding. Batton v. Griffin, 240 Ga. 450, 241 S.E.2d 201 (1978). Cited in Mitchell v. Dodd, 238 Ga. 638, 235 S.E.2d 15 (1977).

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 31, 58.

C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.

U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 13.

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Guerra v. Rockdale Cnty., Georgia (N.D. Ga. 2019).
Guerra v. Rockdale Cnty., Georgia (N.D. Ga. 2019). · cites it 2× “He claims they arrested him for the “offense of fugitive from justice, O.C.G.A. §17-13-33.” (Dkt. 33 ¶ 79.) He claims the officers arrested him on November 18, 2015, and the next day, secured a warrant for violating Georgia law.”
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.