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2018 Georgia Code 35-3-13 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-3-13 Case Law from Google Scholar Amendments to OCGA 35-3-13

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 1 GENERAL PROVISIONS

35-3-13. Requests for investigation of criminal matters and crime related fires; access to local services and records.

  1. 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.
  2. 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.
  3. 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.

(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.)

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.

Cases Citing O.C.G.A. § 35-3-13

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

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Owens v. State, 305 S.E.2d 102 (Ga. 1983).

Cited 71 times | Published | Supreme Court of Georgia | Jun 30, 1983 | 251 Ga. 313

...t that time to seek assistance of the GBI. The law provided that any district attorney may request the assistance of the GBI for investigative assistance as well as the head of a municipal or county fire department. Former Code Ann. § 92A-302. OCGA § 35-3-13. Ga. L. 1982, p. 3, OCGA § 35-3-8.1 (Code Ann. § 92A-304.2) specifically permits sheriffs and chief law enforcement officers to make requests for assistance from the GBI. We do not read OCGA § 35-3-13 (Code Ann....
...GBI officers are peace officers with the duty to assist and cooperate in the prevention and detection of violations of the laws of this state and the officers here were within the scope of their authority. See Baxter v. State, 134 Ga. App. 286 (214 SE2d 578) (1975). In any event a violation of OCGA § 35-3-13 (Code Ann....
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Haley v. State, 712 S.E.2d 838 (Ga. 2011).

Cited 42 times | Published | Supreme Court of Georgia | Jul 8, 2011 | 289 Ga. 515, 2011 Fulton County D. Rep. 2179

...he criminal laws of this state, any other state, or the United States." But we have not interpreted that statute to strictly limit the GBI's law enforcement authority. See Owens v. State, 251 Ga. 313, 318, 305 S.E.2d 102 (1983) ("We do not read OCGA 35-3-13 ....