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2018 Georgia Code 17-4-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-4-2 Case Law from Google Scholar Amendments to OCGA 17-4-2

TITLE 17 CRIMINAL PROCEDURE

Section 4. Arrest of Persons, 17-4-1 through 17-4-62.

ARTICLE 1 GENERAL PROVISIONS

17-4-2. Privilege from arrest of active duty military personnel.

The members of the organized militia or military forces shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments, and the election of officers and going to, during, and returning from the performance of any active duty as such members.

(Ga. L. 1884-85, p. 74, § 11; Penal Code 1895, § 892; Penal Code 1910, § 913; Code 1933, § 27-204.)

JUDICIAL DECISIONS

Military immunity requires immediate assertion to satisfy purpose.

- Legislative purpose of the immunity statute is to prevent civil interference with the military on active duty in the performance of duty. This purpose will be served only if the immunity is asserted at the earliest opportunity. The purpose is defeated if the militiaman allows oneself to be deterred from the performance of the militiaman's duty and then raises the privilege for the sole purpose of avoiding the criminal sanctions which the militiaman faces. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).

Statute appears to be a limit upon the police power to momentarily detain. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).

Cited in Barnes v. State, 239 Ga. App. 495, 521 S.E.2d 425 (1999).

OPINIONS OF THE ATTORNEY GENERAL

Arrest of sheriff.

- Law allows a constable in the constable's district to arrest a sheriff under the same circumstances as the constable can arrest other persons. 1969 Op. Att'y Gen. No. 69-175.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 106, 107.

C.J.S.

- 6A C.J.S., Arrest, § 5.

ALR.

- Official immunity of national guard members, 52 A.L.R.4th 1095.

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