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O.C.G.A. § 17-4-3 — Right of forcible entry into private dwellings pursuant to execution of arrest warrant | Georgia Code

O.C.G.A. § 17-4-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 1 GENERAL PROVISIONS

17-4-3. Right of forcible entry into private dwellings pursuant to execution of arrest warrant.

In order to arrest under a warrant charging a crime, the officer may break open the door of any house where the offender is concealed.

(Orig. Code 1863, § 4610; Code 1868, § 4632; Code 1873, § 4729; Code 1882, § 4729; Penal Code 1895, § 894; Penal Code 1910, § 915; Code 1933, § 27-205.)

JUDICIAL DECISIONS

O.C.G.A. § 17-4-3 provides for use of force in entry in execution of arrest warrant. Anderson v. State, 249 Ga. 132, 287 S.E.2d 195 (1982).

Notice.

- Police officer's knock and announcement is sufficient notice under O.C.G.A. § 17-4-3 to enter the defendant's residence and to arrest the defendant. Green v. State, 159 Ga. App. 28, 283 S.E.2d 19 (1981).

Broadscale search not authorized.

- Police officers who entered a home while executing an arrest warrant for the homeowner's son had no authority to conduct a broadscale search looking into cabinets and drawers. Nash v. Douglas County, 733 F. Supp. 100 (N.D. Ga. 1989).

Cited in Harris v. State, 157 Ga. App. 367, 278 S.E.2d 52 (1981); Butler v. State, 159 Ga. App. 895, 285 S.E.2d 610 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 63 et seq.

C.J.S.

- 6A C.J.S., Arrest, § 53 et seq.

ALR.

- Liability of owner or occupant of premises to police officer coming thereon in discharge of officer's duty, 30 A.L.R.4th 81.

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