O.C.G.A.

O.C.G.A. § 25-2-9 (2019)

Authority of state fire marshal and employees to investigate and arrest

✓ 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) Upon the request of the sheriff of the county, the chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire official, the state fire marshal and any employees of such official shall have the authority to investigate the cause and origin of any fire which occurred in said county, jurisdiction, or judicial circuit.

(b) Personnel employed and authorized by the state fire marshal shall have the power to make arrests for criminal violations established as a result of investigations. Such personnel must hold certification as a peace officer from the Georgia Peace Officer Standards and Training Council and shall have the power to execute arrest warrants and search warrants for criminal violations and to arrest, upon probable cause and without warrant, any person found violating any of the provisions of applicable criminal laws. Authorized personnel empowered to make arrests pursuant to this Code section shall be empowered to carry firearms as authorized by the state fire marshal in the performance of their duties. It shall be unlawful for any person to resist an arrest authorized by this Code section or to interfere in any manner, including abetting or assisting such resistance or interference, with personnel employed by the state fire marshal in the duties imposed upon such personnel by law.

History

Ga. L. 1963, p. 509, § 1; Ga. L. 1972, p. 966, § 1; Ga. L. 2003, p. 331, § 1.

Annotations

Cross references. Obstructing or hindering law enforcement officers, § 16-10-24.

RESEARCH REFERENCES Am. Jur. 2d. 5 Am. Jur. 2d, Arrest, § 8 et seq. 79 Am. Jur. 2d, Weapons and Firearms, §§ 10, 22.

C.J.S. 94 C.J.S., Weapons, §§ 7, 8, 9, 51 et seq.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Karen Diane Wynn Lyle v. Jerry D. Heath, Jr. (Ga. Ct. App. 2025).
Karen Diane Wynn Lyle v. Jerry D. Heath, Jr. (Ga. Ct. App. 2025). · cites it 22× “1 (a), that Heath was a state actor under that section and deputized to perform investigations and arrests under OCGA § 25-2-9, and that the State rather than the City was the real party at interest.”
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.