O.C.G.A.

O.C.G.A. § 27-1-20 (2019)

Additional powers of conservation rangers; functions of other agencies assigned to department

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) 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. (b) 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.

History

(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.)

Annotations

Cross references. - Searches without warrants generally, § 17-5-1 et seq. Peace officers generally, § 35-8-1 et seq. En-

forcement 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.

Notes of Decisions

Cited in 8 cases, 1988–2020 · leading case: Thornton v. State, 310 Ga. 460 (Ga. 2020).

Sort: Relevance Newest Treatment

Thornton v. State, 310 Ga. 460 (Ga. 2020). · cites it 6× “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.”

State v. Sutton, 369 S.E.2d 249 (Ga. 1988). · cites it 8× “The trial court sustained a motion to suppress the evidence relating to the deer 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.”

Quintrell v. State, 499 S.E.2d 117 (Ga. Ct. App. 1998). · cites it 4× “(3) Any person to go on or about the premises of another or any private place for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities.”

Manley v. State of Ga., 458 S.E.2d 179 (Ga. Ct. App. 1995). · cites it 4× “OCGA § 27-1-20 (a) (10); Smith v. State, 204 Ga.”

Dowis v. State, 501 S.E.2d 275 (Ga. Ct. App. 1998). · cites it 6× “Moreover, OCGA § 27-1-20 (8) provides that conservation rangers shall have the power “[t]o 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 provi *114…”

Sharp v. State, 621 S.E.2d 508 (Ga. Ct. App. 2005). · cites it 2× “In addition, OCGA§ 27-1-20 (a) (6) authorizes conservation rangers “[t]o go upon property outside of buildings, posted or otherwise, in the performance of their duties.”

Smith v. State, 420 S.E.2d 29 (Ga. Ct. App. 1992). · cites it 2× “Moreover, contrary to appellant’s assertion, as a conservation ranger Gore was empowered and authorized, in addition to his regularly enumerated duties, “[t]o exercise the full authority of peace officers while in the performance of their duties,” OCGA § 27-1-20 (10), and thus…”

Christopher M. Thornton v. State (Ga. Ct. App. 2019). · cites it 4× “The State responds that the ranger was in the lawful discharge of his official duties based upon OCGA § 40-13-30, in addition to OCGA § 27-1-20 (a) (10). Based upon our conclusion that the ranger had authority to enforce traffic laws under OCGA § 40-13- 30, we need not consider…”

— 27-1-20(a)(6) — 1 case

Quintrell v. State, 499 S.E.2d 117 (Ga. Ct. App. 1998). “(3) Any person to go on or about the premises of another or any private place for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities.”

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.