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2018 Georgia Code 36-8-5 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 8. County Police, 36-8-1 through 36-8-7.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-8-5. Powers of county police generally.

Under the direction and control of the county governing authority, the county police shall have:

  1. The same power to make arrests and to execute and return criminal warrants and processes in the county of their election or appointment only, as sheriffs have; and
  2. All the powers of sheriffs as peace officers in the county of their election or appointment.

(Ga. L. 1909, p. 156, § 3; Civil Code 1910, § 851; Ga. L. 1914, p. 142, § 3; Code 1933, § 23-1403; Ga. L. 1961, p. 217, § 1.)

JUDICIAL DECISIONS

Grant of power to Jekyll Island-State Park Authority not exclusive.

- This section does not give Jekyll Island-State Park Authority exclusive police power, including law enforcement on Jekyll Island nor does the statute prohibit Glynn County police from exercising the powers granted the county officers by this section. Ferguson v. Leggett, 226 Ga. 333, 174 S.E.2d 913 (1970) (see O.C.G.A. § 36-8-5).

Duties and powers of deputy sheriff.

- Office of sheriff carries with the office the duty to preserve the peace and protect the lives, persons, property, health, and morals of the people, and a deputy sheriff is an agent of the sheriff and in effecting the proper discharge of the deputy's duties is empowered with the same duties and powers. Veit v. State, 182 Ga. App. 753, 357 S.E.2d 113 (1987).

Warrantless arrest outside territorial limits.

- Deputy sheriff had authority to make a warrantless arrest beyond the territorial limits of the deputy's own county. Watkins v. State, 207 Ga. App. 766, 430 S.E.2d 105 (1993), overruled on other grounds, West v. Waters, 272 Ga. 591, 533 S.E.2d 88 (2000).

Effect on powers of sheriff.

- Even when a county police force is established, the power and authority of the sheriff to enforce the law and preserve the peace is not legally diminished. Wolfe v. Huff, 232 Ga. 44, 205 S.E.2d 254 (1974).

Fact that officers are outside jurisdiction does not make officers private citizens.

- Fact that state officers making a warrantless search were, at the time of the search, outside of the officers' state-granted jurisdiction does not make such officers, thereby, merely private citizens so as to enable the federal government to freely use anything that was discovered by the state officers as evidence in a federal prosecution which would otherwise have been inadmissible. United States v. Hogue, 283 F. Supp. 846 (N.D. Ga. 1968).

Cited in Stone v. National Sur. Corp., 57 Ga. App. 427, 195 S.E. 905 (1938); McCarty v. State, 152 Ga. App. 726, 263 S.E.2d 700 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Powers of arrest.

- Arresting powers of county police are confined by this section to the county of appointment or election. 1960-61 Op. Att'y Gen. p. 62 (see O.C.G.A. § 36-8-5).

Power to arrest on state property.

- Within the limits of their respective territorial or statutory jurisdiction, local law enforcement authorities may arrest offenders upon state property for violations of state laws, including property under the jurisdiction of the Georgia Building Authority Police. 1992 Op. Att'y Gen. No. 92-6.

Power to return prisoner from outside county.

- County police under former Code 1933, § 23-1403 (see O.C.G.A. § 36-8-5) were authorized to go from the county of appointment to another county within the limits of the state to receive a prisoner who was under arrest and detention and return such prisoner to the county of appointment, according to former Code 1933, § 27-209 (see O.C.G.A. § 17-4-25). 1958-59 Op. Att'y Gen. p. 73.

Misdemeanor cases.

- County police officer has the same authority as the sheriff in those cases once the defendant is arrested under a warrant charging a misdemeanor, so long as the prisoner is in the police officer's custody; if the county police officer turns the prisoner over to the sheriff without bail, it would thereafter be the responsibility of the sheriff to accept bail. 1962 Op. Att'y Gen. p. 63.

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 30 et seq.

C.J.S.

- 20 C.J.S., Counties, §§ 196, 207.

ALR.

- Degree of force that may be employed in arresting one charged with a misdemeanor, 42 A.L.R. 1200.

Cases Citing Georgia Code 36-8-5 From Courtlistener.com

Total Results: 1

Johnson v. Fayette County

Court: Supreme Court of Georgia | Date Filed: 2006-05-08

Citation: 280 Ga. 493, 635 S.E.2d 35, 2006 Fulton County D. Rep. 1411, 2006 Ga. LEXIS 260

Snippet: resolution, which tracks the language in OCGA § 36-8-5 (general powers of county police), demonstrates