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2018 Georgia Code 17-4-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-4-61 Case Law from Google Scholar Amendments to OCGA 17-4-61

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 4 ARREST BY PRIVATE PERSONS

17-4-61. Taking of persons arrested before judicial officer or to peace officer; duty and liability of peace officer taking custody.

  1. A private person who makes an arrest pursuant to Code Section 17-4-60 shall, without any unnecessary delay, take the person arrested before a judicial officer, as provided in Code Section 17-4-62, or deliver the person and all effects removed from him to a peace officer of this state.
  2. A peace officer who takes custody of a person arrested by a private person shall immediately proceed in accordance with Code Section 17-4-62.
  3. A peace officer who in good faith and within the scope of his authority takes custody of a person arrested by a private person pursuant to this Code section shall not be liable at law for false arrest or false imprisonment arising out of the arrest.

(Code 1933, § 27-211.1, enacted by Ga. L. 1977, p. 902, § 1.)

Cross references.

- False imprisonment, §§ 16-5-41,16-5-42.

Right of action for false arrest and false imprisonment generally, § 51-7-1 et seq.

Initial appearance hearing in magistrate court, Uniform Rules for the Magistrate Courts, Rule 13.

JUDICIAL DECISIONS

Cited in City of Marietta v. Kelly, 175 Ga. App. 416, 334 S.E.2d 6 (1985); Thompson v. State, 175 Ga. App. 645, 334 S.E.2d 312 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 47 et seq., 75 et seq., 120.

C.J.S.

- 6A C.J.S., Arrest, § 58 et seq.

ALR.

- Civil liability of judicial officer for false imprisonment, 13 A.L.R. 1344; 55 A.L.R. 282, 173 A.L.R. 802.

Malice and want of probable cause as elements of action for false imprisonment, 19 A.L.R. 671; 137 A.L.R. 504.

Power of private person to whom warrant of arrest is directed to deputize another to make the arrest or to delegate his power in that respect, 47 A.L.R. 1089.

Liability, for false imprisonment or arrest, of a private person answering call of known or asserted peace or police officer to assist in making arrest which turns out to be unlawful, 29 A.L.R.2d 825.

Liability, for false arrest or imprisonment, of private person detaining child, 20 A.L.R.3d 1441.

Liability of police or peace officers for false arrest, imprisonment, or malicious prosecution as affected by claim of suppression, failure to disclose, or failure to investigate exculpatory evidence, 81 A.L.R.4th 1031.

Power of private citizen to institute criminal proceedings without authorization or approval by prosecuting attorney, 90 A.L.R.6th 385.

Cases Citing O.C.G.A. § 17-4-61

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Zilke v. State, 299 Ga. 232 (Ga. 2016).

Cited 15 times | Published | Supreme Court of Georgia | Jun 20, 2016 | 787 S.E.2d 745

...If Officer Mason had acted as a private 6 person effecting a citizen’s arrest,4 the most he could do would be to deliver appellant to a judicial officer or “deliver [appellant] and all effects removed from [appellant] to a peace officer of this state.” OCGA § 17-4-61 (a). As a private person making a citizen’s arrest, Officer Mason would not have been authorized per OCGA § 17-4-61 (a) to give any field sobriety test, to demand appellant submit to the Alco-sensor test, to give an implied consent notice, to demand appellant submit to a breathalyzer test, or to otherwise engage in any sort of law enforcement investigation....
...easons unknown. Had the City of Marietta police stayed, they could have assumed custody of appellant and then they would have been required to take him to a judicial officer who was authorized to receive an affidavit and to issue a warrant. OCGA §17-4-61 (b) (“A peace officer who takes custody of a person arrested by a private person shall immediately proceed in accordance with Code Section 17-4-62.”); OCGA §17-4-62....