CopyCited 13 times | Published | Supreme Court of Georgia | Nov 12, 2020
...See OCGA §
27-1-38
(generally classifying violations of Game and Fish Code as
10
misdemeanor offenses). In addition, game wardens are expressly
authorized “[t]o enforce all state laws on property owned or
controlled by [DNR,]” OCGA §
27-1-18 (a) (1); “[t]o enforce any state
law when the violation of that law is committed in conjunction with
a violation of a state law pertaining to functions assigned to [DNR,]”
OCGA §
27-1-18 (a) (3); “[t]o enforce any state law when ordered to
do so by the Governor or to protect any life or property when the
circumstances demand action[,]” OCGA §
27-1-18 (a) (4); upon the
direction of the Commissioner of Natural Resources, and at the
request of the Governor or certain judicial or law enforcement
officers, “to cooperate with and render assistance to any law
enforcement agency ....
...This argument is plausible, see Zilke v. State,
299
Ga. 232 (787 SE2d 745) (2016),7 but to resolve this case, we need not
decide whether it is meritorious. Although some of the powers
conferred by statute upon DNR game wardens are territorially
limited, see, e.g., OCGA §
27-1-18 (power “[t]o enforce all state laws
7 In Zilke, this Court held that another statute generally authorizing law
enforcement officers to make arrests for traffic offenses committed in their
presence, OCGA §
17-4-23 (a), did not...
...lations
pertaining to wildlife and to boating safety”), game wardens also are
authorized by statute to exercise general law enforcement powers
without respect to territory or subject matter in a wide variety of
circumstances. See, e.g., OCGA §§
27-1-18 (a) (4) (authority “[t]o
enforce any state law when ordered to do so by the Governor or to
protect any life or property when the circumstances demand
action”);
27-1-18 (b) (authority in some circumstances “to cooperate
with and render assistance to any law enforcement agency ....