O.C.G.A. § 17-4-2 (2019)
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.
History
Ga. L. 1884-85, p. 74, § 11; Penal Code 1895, § 892; Penal Code 1910, § 913; Code 1933, § 27-204.
Annotations
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 perfor-
mance 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 circum-
stances 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, §§ 103 et seq., 106 et seq. C.J.S. - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 49.
ALR. - Official immunity of national guard members, 52 A.L.R.4th 1095.