O.C.G.A.
O.C.G.A. § 42-5-34 (2019)
Powers of arrest of wardens, superintendents, and deputies
✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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Wardens and superintendents shall have authority to deputize any person in their employ. Wardens, superintendents, and their deputies are legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating Code Sections 42-5-14 through 42-5-18. Any person resisting arrest shall be dealt with as the law directs for resisting an officer.
History
Ga. L. 1961, p. 45, § 1; Ga. L. 1986, p. 1170, § 1. Administrative rules and regulations. Police Officer Powers, Official Compila-
tion of the Rules and Regulations of the State of Georgia, Board of Corrections, Departmental Operations, Personnel, Rule 125-2-1-.09.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: United States v. Chelsey Mayweather, 991 F.3d 1163 (11th Cir. 2021).
United States v. Chelsey Mayweather, 991 F.3d 1163 (11th Cir. 2021). “See O.C.G.A. §§ 42-5-34, 42-5-35. Therefore, simply wearing a GDC uniform outside the bounds where the GDC employee has lawful authority to act is not an official act.”
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