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2018 Georgia Code 35-3-8.1 | Car Wreck Lawyer

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

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

ARTICLE 1 GENERAL PROVISIONS

35-3-8.1. Power of bureau to assist other law enforcement agencies.

Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, the judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.

(Code 1981, §35-3-8.1, enacted by Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35.)

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 person 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).

Cases Citing Georgia Code 35-3-8.1 From Courtlistener.com

Total Results: 2

Haley v. State

Court: Supreme Court of Georgia | Date Filed: 2011-07-08

Citation: 712 S.E.2d 838, 289 Ga. 515, 2011 Fulton County D. Rep. 2179, 2011 Ga. LEXIS 556

Snippet: 672 S.E.2d 522 (punctuation omitted). OCGA § 35-3-8.1 authorizes state or local officials to request

Owens v. State

Court: Supreme Court of Georgia | Date Filed: 1983-06-30

Citation: 305 S.E.2d 102, 251 Ga. 313

Snippet: 92A-302. OCGA § 35-3-13. Ga. L. 1982, p. 3, OCGA § 35-3-8.1 (Code Ann. § 92A-304.2) specifically permits sheriffs