O.C.G.A.

O.C.G.A. § 35-9-15 (2019)

Appointment of law enforcement officer of United States or any state as officer of this state

✓ 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) On request of the sheriff or the chief or director of a law enforcement agency of this state or of any political subdivision thereof, and with the consent of the employee concerned, a law enforcement officer of the United States or any of the several states may be appointed as a law enforcement officer of this state for the purpose of providing mutual assistance in the enforcement of the laws of this state or of the United States. A law enforcement officer who is appointed pursuant to this Code section shall be considered a law enforcement officer of the appointing agency and shall have the same powers, duties, privileges, and immunities as a law enforcement officer employed by the appointing agency. (b) Any such appointment shall be in writing, signed by the sheriff or the chief or director of the appointing agency, and shall specify the powers, duties, and responsibilities of the employee so appointed. Such appointment shall be at the pleasure of the sheriff or the chief or director of the appointing law enforcement agency. The appointment shall terminate if the person appointed ceases to be employed by an agency of the United States or of the several states. A copy of the

appointment shall be filed in the executive office of the appointing agency. (c) In lieu of any other oath prescribed by the laws of this state, a law enforcement officer appointed pursuant to this Code section shall take an oath to support and defend the Constitution of this state and to execute well and faithfully the laws of this state during the term of such appointment. (d) As used in this Code section, the term ‘‘law enforcement agency’’ includes, but is not limited to, any sheriff’s office, municipal police department, county police department, prosecuting attorney’s office, or any agency of the state or a political subdivision of this state whose employees are authorized to enforce the laws of this state. (e) The following laws shall not apply to law enforcement officers appointed pursuant to this Code section: (1) Code Section 45-2-1, relating to persons ineligible to hold civil office; and (2) Chapter 8 of this title, known as the ‘‘Georgia Peace Officer Standards and Training Act.’’

History

Ga. L. 1982, p. 1089, § 1; Code 1981, § 35-9-15, enacted by Ga. L.

1982, p. 1089, § 4; Ga. L. 2012, p. 775, § 35/HB 942.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Qualifications of appointee. - While the Georgia Peace Officer Standards and Training Act, O.C.G.A. Ch. 8, T. 35, does not apply to a person appointed pursuant to O.C.G.A. § 35-9-15, such person must be a law enforcement officer of the United States or of any state prior to such appointment. 1999 Op. Att’y Gen. No. 99-6. Authority of out-of-state trooper. - Absent a written appointment as a special policeman pursuant to O.C.G.A.

§ 35-9-15 by an authorized agency of this state, an out-of-state trooper who is in official attendance with a visiting professional or school athletic team is a private citizen with no law enforcement powers beyond those possessed by any private citizen. 1987 Op. Att’y Gen. No. 87-14. Off-duty military police may not be employed by a chief of police as part-time city police officers. 1991 Op. Att’y Gen. No. 91-3.

CHAPTER 10 MUNICIPAL AND COUNTY POLICE DEPARTMENTS’ NOMENCLATURE Sec.

Sec. Short title. Declaration of public purpose. Definitions. Prohibition against use of nomenclature pertaining to particular police department in connection with solicitation, advertisement, publication, or production. Prohibition against use of symbols pertaining to particular police department in connection with solicitation, adver-

tisement, publication, or production.

Notes of Decisions

Cited in 3 cases, 1984–2006 · leading case: Williams v. State, 321 S.E.2d 386 (Ga. Ct. App. 1984).

Sort: Relevance Newest Treatment

Williams v. State, 321 S.E.2d 386 (Ga. Ct. App. 1984). · cites it 4× “(Also note these events transpired prior to the enactment of OCGA § 35-9-15.) Thus, Markonni had no power of arrest as a deputy sheriff because then Code Ann.”

Fajardo v. State, 381 S.E.2d 560 (Ga. Ct. App. 1989). · cites it 4× “(b) Appellant also argues that the arrest was illegal because at the time of his encounter with appellant, Markonni had not complied with the requirements of OCGA § 35-9-15, and thus was not a properly constituted Georgia law enforcement officer.”

United States v. Godwin Umole, 162 F. App'x 948 (11th Cir. 2006). “Although O.C.G.A. § 35-9-15 authorizes federal officers to be appointed as a state law enforcement officer for purposes of enforcing state or federal law, she had not received such an appointment at the time of the search warrant application.”

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.