O.C.G.A. § 17-4-46 (2019)
Form of warrant for arrest
An arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, County.
To any sheriff, deputy sheriff, coroner, constable, or marshal of said state - Greetings: (Name of the affiant) makes oath before me that on the day of , in the year , in the county aforesaid, (name of person against whom the warrant is sought) did commit the offense of (insert here all information describing offense as required by Code Section 17-4-41). You are therefore commanded to arrest (name of person against whom the warrant is sought) and bring him before me, or some other judicial officer of this state, to be dealt with as the law directs. You will also levy on a sufficiency of the property of (name of person against whom the warrant is sought) to pay the costs in the event of his final conviction. Herein fail not. Judicial officer
History
Orig. Code 1863, § 4597; Code 1868, § 4619; Code 1873, § 4716; Code 1882, § 4716; Penal Code 1895,
§ 885; Penal Code 1910, § 906; Code 1933, § 27-105; Ga. L. 1962, p. 668, § 3; Ga. L. 1999, p. 81, § 17.
Annotations
JUDICIAL DECISIONS Affidavits and warrants must provide all information statute requires. - This section omitted the ‘‘substantial
compliance’’ language formerly used and, hence, required compliance of affidavits and warrants with the statutory standard
of required information. Lowe v. Turner, 115 Ga. App. 503, 154 S.E.2d 792 (1967). Evidence needed that affiant gave oath or equivalent. - This section provided for a showing that something was done by the affiant signifying that the affiant consciously took upon the affiant the obligation of an oath. Segars v. Cornwell, 128 Ga. App. 245, 196 S.E.2d 341 (1973). Standard accusation form sufficient with affidavit for arrest. - Standard printed affidavit and accusation form, accompanied by a previously prepared affidavit for arrest, is legally sufficient. Faulkner v. State, 146 Ga. App. 604, 247 S.E.2d 147 (1978). No arrest affidavit on record makes
standard accusation form insufficient. - Standard printed affidavit and accusation form is insufficient when no affidavit for arrest is included in the record. Faulkner v. State, 146 Ga. App. 604, 247 S.E.2d 147 (1978). Accusation failing to name crime. - Accusation supported only by an affidavit charging the commission of a ‘‘misdemeanor’’ and not naming the specific offense is legally insufficient. Faulkner v. State, 146 Ga. App. 604, 247 S.E.2d 147 (1978). Cited in Dodson v. Grimes, 220 Ga. 269, 138 S.E.2d 311 (1964); Lovett v. State, 111 Ga. App. 295, 141 S.E.2d 595 (1965); Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970).
OPINIONS OF THE ATTORNEY GENERAL Valid warrant for arrest of probation violator must be accompanied by an affidavit, and to be valid the affidavit must be sworn to under oath and signed by the affiant. 1981 Op. Att’y Gen. No. 81-99. Application to affidavit for arrest of probation violator. - Although O.C.G.A. § 42-8-38, pertaining to the arrest of a probation violator, does not state that personal knowledge of the affiant is required, an analogy may be made to general arrest warrants, which do not require the affiant to have personal knowledge. 1981 Op. Att’y Gen. No. 81-99. Warrant may levy arrestee’s property to pay on costs if convicted. - Arrest warrant can contain directions to
the arresting officer to levy on a sufficiency of the property of the arrested party to pay the costs in the event of the party’s final conviction. 1967 Op. Att’y Gen. No. 67-357. Levy is optional with judge. - Legislative intent was to make the provision for the levying on the property of the arrested party in order to pay costs an optional provision to be left to the discretion of the judicial body from which the warrant originated. 1967 Op. Att’y Gen. No. 67-357.
RESEARCH REFERENCES Am. Jur. 2d. - 5 Am. Jur. 2d, Arrest, § 10 et seq.
C.J.S. - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 47 et seq.