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O.C.G.A. § 17-4-44 — Warrants may be issued in any county; execution of warrants without backing or endorsement of judicial officer in county where warrant is executed | Georgia Code

O.C.G.A. § 17-4-44 (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 3 WARRANTS FOR ARREST

17-4-44. Warrants may be issued in any county; execution of warrants without backing or endorsement of judicial officer in county where warrant is executed.

A warrant for arrest may be issued in any county, though the crime was committed in another county. A warrant, once issued, may be executed in any county without being backed or endorsed by a judicial officer in the county where the warrant is executed.

(Orig. Code 1863, § 4601; Ga. L. 1865-66, p. 38, §§ 1, 3; Code 1868, § 4623; Code 1873, § 4720; Code 1882, § 4720; Penal Code 1895, § 888; Penal Code 1910, § 909; Code 1933, § 27-108.)

JUDICIAL DECISIONS

Invalidity of extraterritorial warrants.

- Under O.C.G.A. § 17-4-44, Georgia arrest warrants were invalid because the warrants were executed in Florida, outside of the territorial jurisdiction of the issuing court; thus, the warrants did not insulate a Georgia sheriff's deputy from liability from a Florida resident's false imprisonment and Georgia state law claims under 42 U.S.C. § 1983. Brown v. Camden County, 583 F. Supp. 2d 1358 (S.D. Ga. 2008).

Cited in Payton v. Green, 179 Ga. App. 438, 346 S.E.2d 884 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Probate judge may issue arrest warrant for absent traffic violators.

- Judge of the probate court does not have authority to issue a bench warrant, but the judge does have authority to issue an arrest warrant for a person who does not appear to answer a traffic violation citation issued to the person, regardless of whether the person resides in or out of the respective county. 1975 Op. Att'y Gen. No. U75-65.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 27, 28.

C.J.S.

- 22 C.J.S., Criminal Law, § 447 et seq.

ALR.

- Territorial extent of power to arrest under a warrant, 61 A.L.R. 377.

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