O.C.G.A. § 35-3-13 (2019)
Requests for investigation of criminal matters and crime related fires; access to local services and records
(a) Any district attorney of this state may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any criminal matter.
(b) Any head of a municipal or county fire department may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any crime related fires.
(c) In the event the bureau acts in cooperation with a municipality or other political subdivision of the state, the services and records of such municipality or other subdivision shall be accessible and available to the bureau at all times.
History
Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1941, p. 277, § 4; Ga. L. 1977, p. 752, § 1; Ga. L. 1978, p. 254, § 2.
Annotations
JUDICIAL DECISIONS O.C.G.A. § 35-3-13 is not the exclusive list of who may request investigative assistance from the bureau. Bureau officers are peace officers with the duty to assist and cooperate in the prevention and detection of violations of the laws of this state. Owens v. State, 251 Ga. 313, 305 S.E.2d 102 (1983). Investigation of missing persons cases. - State proved that the false statement alleged in the indictment was made in a matter within the jurisdiction of the Georgia Bureau of Investigation (GBI) because: the GBI was actively investigating a missing person case; two videos
contained clues referencing a Georgia missing person and the location of a missing person’s body parts in Augusta; and, the computer from which the videos were being posted was in Georgia. Therefore, the jury could reasonably infer that the other missing person cases referenced in the first video would have a Georgia connection, giving the GBI jurisdiction to investigate the cases. Haley v. State, 289 Ga. 515, 712 S.E.2d 838 (2011), cert. denied, U.S. , 133 S. Ct. 60, 183 L. Ed. 2d 711 (2012). Violation not grounds for suppression of evidence. - Violation of
O.C.G.A. § 35-3-13 is not grounds for the suppression of evidence. Owens v. State, 251 Ga. 313, 305 S.E.2d 102 (1983). Cited in Pittman v. State, 110 Ga. App. 625, 139 S.E.2d 507 (1964); Interstate Life
& Accident Ins. Co. v. Whitlock, 112 Ga. App. 212, 144 S.E.2d 532 (1965); Baxter v. State, 134 Ga. App. 286, 214 S.E.2d 578 (1975).
OPINIONS OF THE ATTORNEY GENERAL Governor may authorize bureau to conduct investigations and make arrests. - Governor has the power and the authority to authorize the Georgia Bureau
of Investigation to conduct investigations and make arrests in any criminal case in any county or municipality of this state. 1963-65 Op. Att’y Gen. p. 532.
RESEARCH REFERENCES ALR. - Admissibility, in criminal case, of evidence discovered by warrantless
search in connection with fire investigation - post-Tyler cases, 31 A.L.R.4th 194.