O.C.G.A.
O.C.G.A.

O.C.G.A. § 17-4-61 (2019)

Taking of persons arrested before judicial officer or to peace officer; duty and liability of peace officer taking custody

✓ 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) 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. (b) A peace officer who takes custody of a person arrested by a private person shall immediately proceed in accordance with Code Section (c) 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.

History

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

Annotations

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); Thomp-

son 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 et seq. C.J.S. - 22 C.J.S., Criminal Procedure and Rights of the Accused, §§ 21 et seq., 58 et seq. 35 C.J.S., False Imprisonment, § 35 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 ar-

rest, 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.

Notes of Decisions
Cited in 5 cases, 1985–2016 · leading case: Zilke v. State, 787 S.E.2d 745 (Ga. 2016).
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Zilke v. State, 787 S.E.2d 745 (Ga. 2016). · cites it 12× “” 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…”
Wal-Mart Stores, Inc. v. Johnson, 547 S.E.2d 320 (Ga. Ct. App. 2001). · cites it 4× “…violation. 5 OCGA § 17-4-60. Graham v. State, 143 Ga. 440, 445 (3) ( 85 SE 328 ) (1915). (Emphasis supplied.) Id. OCGA § 17-4-61 (c). See Graham, supra.”
Smith v. State, 724 S.E.2d 885 (Ga. Ct. App. 2012). · cites it 8× “” Moreover, OCGA § 17-4-61 (a) mandates that “[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…”
Thompson v. State, 334 S.E.2d 312 (Ga. Ct. App. 1985). · cites it 2× “He then merely turned the matter over to the deputy sheriff when he arrived, as required by OCGA § 17-4-61 (a), and the latter formally arrested defendant on the initial charge of driving under the influence.”
City of Marietta v. Kelly, 334 S.E.2d 6 (Ga. Ct. App. 1985). · cites it 8× “Regardless of the officer's subjective intent, the alleged offender's (appellee's) liberty having already been restrained during the arrest by the private citizen there is no logical analysis under which the police officer could be viewed as having arrested appellee.”
— 17-4-61(c) — 1 case
Wal-Mart Stores, Inc. v. Johnson, 547 S.E.2d 320 (Ga. Ct. App. 2001). “…violation. 5 OCGA § 17-4-60. Graham v. State, 143 Ga. 440, 445 (3) ( 85 SE 328 ) (1915). (Emphasis supplied.) Id. OCGA § 17-4-61 (c). See Graham, supra.”
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