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Call Now: 904-383-7448A 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.)
- 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).
- 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.
- 5 Am. Jur. 2d, Arrest, §§ 27, 28.
- 22 C.J.S., Criminal Law, § 447 et seq.
- Territorial extent of power to arrest under a warrant, 61 A.L.R. 377.
No results found for Georgia Code 17-4-44.