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2018 Georgia Code 17-4-27 | 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

17-4-27. Duty to maintain information about persons arrested by law enforcement officers under their supervision; inspection of records.

It shall be the duty of all sheriffs, chiefs of police, and the heads of any other law enforcement agencies of this state to obtain, or cause to be obtained, the name, address, and age of each person arrested by law enforcement officers under the supervision of such sheriffs, chiefs of police, or heads of any other law enforcement agencies of this state, when any such person is charged with an offense against the laws of this state, any other state, or the United States. The information shall be placed on appropriate records which each law enforcement agency shall maintain. The records shall be open for public inspection unless otherwise provided by law.

(Ga. L. 1967, p. 839, § 1.)

JUDICIAL DECISIONS

Completion of standard form after invoking right to counsel.

- When a suspect in custody invoked the right to counsel, and the officer proceeded to complete a standard form used by the department as an arrest record, which inquired as to names and addresses of family members, this inquiry was normally attendant to arrest and custody, and had absolutely nothing to do with interrogation regarding the criminal offense under investigation. Thus, the defendant's subsequent, self-initiated statement was not unlawfully obtained. Hibbert v. State, 195 Ga. App. 235, 393 S.E.2d 96 (1990).

Cited in Cherokee County v. North Cobb Surgical Assocs., P.C., 221 Ga. App. 496, 471 S.E.2d 561 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 30 et seq.

C.J.S.

- 6A C.J.S., Arrest, § 58.

ALR.

- Privilege of custodian, apart from statute or rule, from disclosure in civil action of official police records and reports, 36 A.L.R.2d 1318.

Burden of proof of defendant's age in prosecution where attainment of particular age is statutory requisite of guilt, 49 A.L.R.3d 526.

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