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2018 Georgia Code 27-1-20 | Car Wreck Lawyer

TITLE 27 GAME AND FISH

Section 1. General Provisions, 27-1-1 through 27-1-39.

27-1-20. Additional powers of conservation rangers; functions of other agencies assigned to department.

  1. In addition to the powers enumerated in Code Sections 27-1-18 and 27-1-19, conservation rangers shall have all the powers previously vested in any other law enforcement officers within the department including, but not limited to, the following:
    1. To enforce all laws, rules, and regulations pertaining to wildlife and to boating safety and as otherwise provided;
    2. To execute all warrants and search warrants for the violation of the laws, rules, and regulations pertaining to wildlife or to boating safety;
    3. To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules, and regulations pertaining to wildlife or to boating safety;
    4. To arrest without warrant any person found violating any of the laws, rules, and regulations pertaining to wildlife or to hunting, fishing, or boating;
    5. To seize and take possession of all wildlife or parts thereof taken, caught, killed, captured, possessed, or controlled or which have been shipped or are about to be shipped at any time and in any manner or for any purpose contrary to the laws, rules, and regulations pertaining to wildlife;
    6. To go upon property outside of buildings, posted or otherwise, in the performance of their duties;
    7. To carry firearms while performing duties pertaining to wildlife;
    8. To seize as evidence, without warrant, any device other than a boat, vehicle, or aircraft when they have cause to believe that its possession or use is in violation of any of the provisions of the laws or regulations dealing with wildlife. For the purposes of this Code section, "device" includes any light, hunting apparatus, or fishing or netting gear or tackle;
    9. To enter and inspect any commercial cold storage warehouse, ice house, locker plant, butcher shop, or other plant or building for the purpose of determining whether wildlife is being kept or stored therein in violation of the wildlife laws or regulations; and
    10. To exercise the full authority of peace officers while in the performance of their duties.
  2. Unless inconsistent with this title, whenever any statute pertaining to an agency whose functions are assigned to the department refers to law enforcement personnel of that agency, that reference applies to conservation rangers.

(Ga. L. 1911, p. 137, § 4; Ga. L. 1912, p. 113, § 1; Ga. L. 1931, p. 173, §§ 1-3; Code 1933, §§ 45-108, 45-126; Ga. L. 1955, p. 483, § 18; Ga. L. 1968, p. 497, § 6; Ga. L. 1970, p. 466, § 1; Ga. L. 1973, p. 1483, § 4; Code 1933, § 45-120, enacted by Ga. L. 1977, p. 396, § 1.)

Cross references.

- Searches without warrants generally, § 17-5-1 et seq.

Peace officers generally, § 35-8-1 et seq.

Enforcement of laws pertaining to boating safety, § 52-7-25.

JUDICIAL DECISIONS

Ranger may observe evidence of crime before search.

- The fruits of a search of the defendant's premises, by a conservation ranger looking for deer carcasses, conducted with the defendant's consent, were admissible. The legality of such a search was not vitiated because, prior to obtaining consent, the ranger had observed the evidence of the crime by walking around the side of the house. State v. Sutton, 258 Ga. 382, 369 S.E.2d 249 (1988).

Intoximeter test administered by ranger.

- The probate court properly denied defendant's motion to suppress the intoximeter result since a conservation ranger was empowered and authorized, in addition to the ranger's regularly enumerated duties, to exercise the full authority of peace officers. Smith v. State, 204 Ga. App. 576, 420 S.E.2d 29, cert. denied, 204 Ga. App. 922, 420 S.E.2d 29 (1992).

Seizure of evidence.

- Conservation rangers had authority to seize unlicensed hunter's crossbow and rifle without a warrant. Dowis v. State, 232 Ga. App. 111, 501 S.E.2d 275 (1998).

RESEARCH REFERENCES

C.J.S.

- 36A C.J.S., Fish, §§ 29, 30.

ALR.

- Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws, 87 A.L.R.4th 981.

Authority of public official, whose duties or functions generally do not entail traffic stops, to effectuate traffic stop of vehicle, 18 A.L.R.6th 519.

Cases Citing O.C.G.A. § 27-1-20

Total Results: 2  |  Sort by: Relevance  |  Newest First

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State v. Sutton, 369 S.E.2d 249 (Ga. 1988).

Cited 14 times | Published | Supreme Court of Georgia | Jun 23, 1988 | 258 Ga. 382

...r carcasses, on the ground that it was the result of an illegal search and seizure, in that the ranger invaded the curtilage of Sutton's dwelling. 1. The state contends that the ranger's investigation into Sutton's sideyard is permissible under OCGA § 27-1-20 (a) (6), authorizing conservation rangers "[t]o go upon property outside of buildings, posted or otherwise, in the performance of their duties." Statutes of this state cannot diminish rights guaranteed by the United States or Georgia Constitutions....
...Russell waited by his vehicle as the ranger knocked on the front door, but no one answered. The ranger asked Russell to walk around the house with him to look for the deer. Russell said that he could not do so without a search warrant. The ranger had been taught that he was authorized pursuant to OCGA § 27-1-20 to go on property, posted or otherwise, in the performance of his duties, and that he did not need a search warrant....
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Thornton v. State, 310 Ga. 460 (Ga. 2020).

Cited 13 times | Published | Supreme Court of Georgia | Nov 12, 2020

...tate” for purposes of OCGA § 40-13-30. Moreover, game wardens are specifically and expressly authorized to make arrests for violations “of the laws, rules, and regulations pertaining to wildlife or to hunting, fishing, or boating[,]” OCGA § 27-1-20 (a) (4), violations that most commonly are misdemeanors....
...in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state,” OCGA § 27-1- 18 (b); and “[t]o exercise the full authority of peace officers while in the performance of their duties[,]” OCGA § 27-1-20 (a) (10)....
...Moreover, to the extent that a game warden is authorized to enforce the Rules of the Road — as was the game warden in this case — we readily conclude that he also is authorized to arrest any person who attempts to obstruct his enforcement of those rules. See OCGA § 27-1-20 (a) (10) (game 12 warden has power “[t]o exercise the full authority of peace officers while in the performance of [his] duties”). And the territorial limitation expressed in the third part of...
...cooperate with and render assistance to any law enforcement agency . . . in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state”); 27-1-20 (a) (10) (power “[t]o exercise the full authority of peace officers while in the performance of their duties”). In light of the breadth of the general law enforcement authority conferred by statute upon DNR game wardens, understanding...