O.C.G.A.

O.C.G.A. § 17-4-44 (2019)

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

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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.

Annotations

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 et seq. C.J.S. - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 18 et seq.

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

Notes of Decisions

Cited in 2 cases, 1986–2008 · leading case: Payton v. Green, 346 S.E.2d 884 (Ga. Ct. App. 1986).

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Payton v. Green, 346 S.E.2d 884 (Ga. Ct. App. 1986). · cites it 2× “Appellant, while not a resident of DeKalb County, was still a resident of Georgia, and therefore the warrant for his arrest could have been issued and executed in any county in this state under OCGA § 17-4-44, thus obviating the need for the expense or delay of extradition.”

Brown v. Camden Cnty., Ga., 583 F. Supp. 2d 1358 (S.D. Ga. 2008). · cites it 2× “A warrant issued in one state may not be executed in another state, for it has no validity beyond the boundaries of the state by whose authority it was issued. A peace officer has no official power to arrest beyond the territorial boundary of the state, city, county or bailiwick…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.