Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448(Orig. Code 1863, § 4607; Ga. L. 1865-66, p. 38, §§ 1, 2; Code 1868, § 4624; Code 1873, § 4721; Code 1882, § 4721; Ga. L. 1895, p. 34, § 1; Penal Code 1895, § 898; Penal Code 1910, § 919; Code 1933, § 27-209; Ga. L. 1996, p. 742, § 1.)
- Initial appearance hearing in magistrate court, Uniform Rules for the Magistrate Courts, Rule 13.
- What the officer sees or apprehends through the officer's senses must be sufficient to convince the officer as a fact that a violation exists, and to enable the judge when challenge is made to agree that such conviction is justified by what the observer has seen, heard, or otherwise ascertained. Harris v. State, 128 Ga. App. 22, 195 S.E.2d 262 (1973).
- Valid statements by a defendant should not be rejected merely because the statements were obtained in a county other than that where the offenses were committed. Echols v. State, 231 Ga. 633, 203 S.E.2d 165 (1974).
- Officials of a county in which one is arrested on a bench warrant issued from another county have no authority to admit to bail the person arrested. Weatherly v. Beavers, 139 Ga. 122, 76 S.E. 853 (1912).
- Arresting officer cannot accept a bond issued in another county and discharge the prisoner. Lamb v. Dillard, 94 Ga. 206, 21 S.E. 463 (1894); Burrow v. Southern Ry., 139 Ga. 733, 78 S.E. 125 (1913).
- Arresting officer has no authority to accept bond from one arrested under a warrant for a felony, but should return the party arrested to the county in which the crime was alleged to have been committed for examination before a judicial officer of that county and the fixing of bail by such officer in case of commitment. Paulk v. Sexton, 203 Ga. 82, 45 S.E.2d 768 (1947).
- County where an alleged offense was committed is liable to suit for the expenses of an arresting officer in carrying a prisoner to such county. Harris County v. Brady, 115 Ga. 767, 42 S.E. 71 (1902).
- Deputy sheriff had authority to make a warrantless arrest beyond the territorial limits of the deputy's own county. Watkins v. State, 207 Ga. App. 766, 430 S.E.2d 105 (1993), overruled on other grounds, West v. Waters, 272 Ga. 591, 533 S.E.2d 88 (2000).
- City police officer has no authority to serve a warrant in a county outside the municipality. Coker v. State, 14 Ga. App. 606, 81 S.E. 818 (1914).
Sheriff of a city court was not an arresting officer within the meaning of this section. Vince v. State, 113 Ga. 1068, 39 S.E. 313 (1901).
Cited in McFarlin v. Board of Drainage Comm'rs, 153 Ga. 766, 113 S.E. 447 (1922); Walker v. Whittle, 83 Ga. App. 445, 64 S.E.2d 87 (1951); Croker v. State, 114 Ga. App. 492, 151 S.E.2d 846 (1966).
- This section was intended to embrace such officers only as are authorized under the state law to execute warrants, and was not intended to embrace such officers as were constituted arresting officers by virtue of the laws of a municipality. 1958-59 Op. Att'y Gen. p. 73 (see O.C.G.A. § 17-4-25).
- 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 the members intend to operate. 1969 Op. Att'y Gen. No. 69-473.
Proper way to organize an emergency squad is to require that each member qualify as a deputy sheriff in each county of anticipated service. 1969 Op. Att'y Gen. No. 69-473.
- County police under former Code 1933, § 23-1403 (see O.C.G.A. § 36-8-5) were authorized to go from the county of appointment to another county within the limits of the state to receive a prisoner who was under arrest and detention and return such prisoner to the county of appointment according to former Code 1933, § 27-209 (see O.C.G.A. § 17-4-25). 1958-59 Op. Att'y Gen. p. 73.
- 5 Am. Jur. 2d, Arrest, § 23 et seq.
- 6A C.J.S., Arrest, §§ 55, 58.
- Liability for false imprisonment of officer executing warrant for arrest as affected by its being returnable to wrong court, 40 A.L.R. 290.
Degree of force that may be employed in arresting one charged with a misdemeanor, 42 A.L.R. 1200.
Territorial extent of power to arrest under a warrant, 61 A.L.R. 377.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1986-03-11
Citation: 340 S.E.2d 862, 255 Ga. 588
Snippet: arrest in any county with a warrant, see OCGA § 17-4-25, he may make a warrantless arrest only in his home