Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 17-4-24 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY

17-4-24. Duty of law enforcement officers to execute penal warrants; summoning of posses.

Every law enforcement officer is bound to execute the penal warrants given to him to execute. He may summon to his assistance, either in writing or orally, any of the citizens of the neighborhood or county to assist in the execution of such warrants. The acts of the citizens formed as a posse by such officer shall be subject to the same protection and consequences as official acts.

(Orig. Code 1863, § 4602; Code 1868, § 4625; Code 1873, § 4722; Code 1882, § 4722; Penal Code 1895, § 895; Penal Code 1910, § 916; Code 1933, § 27-206; Ga. L. 1997, p. 143, § 17.)

JUDICIAL DECISIONS

City court sheriff may execute processes only from own court.

- Sheriff of a city court may execute processes of that court; but the sheriff cannot lawfully execute processes issued from other courts. Vince v. State, 113 Ga. 1068, 39 S.E. 313 (1901).

Posse member protected as officer even without sheriff.

- Member of a posse aiding in the execution of a warrant is protected, as an officer, even though the member does not remain in the actual presence of the sheriff. Robinson v. State, 93 Ga. 77, 18 S.E. 1018, 44 Am. St. R. 127 (1893).

Member of posse should give notice of the member's authority when making an arrest. Robinson v. State, 93 Ga. 77, 18 S.E. 1018, 44 Am. St. R. 127 (1893).

Refusal to execute warrant and interference indictable.

- Refusal by an officer to execute a warrant, and any person interfering with an officer while attempting to execute a warrant are indictable. Ormond v. Ball, 120 Ga. 916, 48 S.E. 383 (1904).

Common-law offense of refusal by an officer to execute a warrant delivered to the officer for the purpose is indictable. Newkirk v. State, 57 Ga. App. 803, 196 S.E. 911 (1938).

Definition of resisting arrest.

- Resistance to an arrest may begin in the use of words which import defiance and indicate a purpose to use violence if necessary. Newkirk v. State, 57 Ga. App. 803, 196 S.E. 911 (1938).

Officer may not injure fleeing misdemeanant.

- Officer may not, in the execution of a legal criminal warrant, when the charge is a misdemeanor, proceed to the extremity of shedding blood or killing, when the accused is attempting to avoid arrest by flight, even though the offender cannot be taken otherwise. Newkirk v. State, 57 Ga. App. 803, 196 S.E. 911 (1938).

Misdemeanant may not violently resist arrest.

- When the law places a duty on an officer to serve a penal warrant and makes the officer indictable for neglect to serve the warrant, even though for a misdemeanor offense, the accused may not arm oneself with deadly weapons and, in company with others, by threats and a show of force prevent such arrest, and then claim protection because the offense charged is a misdemeanor, when the officer uses only such force as is necessary to overcome the resistance offered. Newkirk v. State, 57 Ga. App. 803, 196 S.E. 911 (1938).

OPINIONS OF THE ATTORNEY GENERAL

Emergency squads.

- Multi-government emergency squads may combat common disaster, civil disorder, riot, and other emergency situations. 1969 Op. Att'y Gen. No. 69-473.

Police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att'y Gen. No. 69-473.

Deputy and posse may act as sheriffs.

- Regularly appointed deputy sheriff and persons lawfully performing the duties incumbent upon a posse comitatus may perform such acts as may lawfully be performed by a sheriff. 1969 Op. Att'y Gen. No. 69-75.

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 38.

C.J.S.

- 6A C.J.S., Arrest, §§ 52, 53.

No results found for Georgia Code 17-4-24.