2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 2 - Arrest by Law Enforcement Officers Generally
§ 17-4-25. Power to Make Arrests in Any County; Arrested Persons Taken Before Judicial Officer; Transportation Costs; Holding in County Other Than One in Which Offense Committed; Transport to Regional Jail
- Under a warrant issued by a judicial officer, an arresting officer may, in any county without regard to the residence of the arresting officer, arrest any person charged with a crime. It is the duty of the arresting officer to take the accused, with the warrant under which he was arrested, to the county in which the offense is alleged to have been committed, for examination before any judicial officer of that county.
- The county where the offense is alleged to have been committed shall pay the expenses of the arresting officer in taking the arrested person to the county. The arresting officer may hold or imprison the arrested person in a county other than the county in which the offense is alleged to have been committed long enough to enable him to prepare to take the arrested person to the county in which the offense is alleged to have been committed.
- Should the county in which the offense is alleged to have been committed be a member of a regional jail authority created under Article 5 of Chapter 4 of Title 42, known as the "Regional Jail Authorities Act," the arresting officer shall transport the prisoner to the regional jail. The judicial officer of the county in which the offense is alleged to have been committed may conduct the examination of the accused required by subsection (a) of this Code section in the county in which the offense is alleged to have been committed or in facilities available at the regional jail or by audio-visual communication between the two locations and between the accused, the court, the attorneys, and the witnesses.
(Orig. Code 1863, § 4607; Ga. L. 1865-66, p. 38, §§ 1, 2; Code 1868, § 4624; Code 1873, § 4721; Code 1882, § 4721; Ga. L. 1895, p. 34, § 1; Penal Code 1895, § 898; Penal Code 1910, § 919; Code 1933, § 27-209; Ga. L. 1996, p. 742, § 1.)
Cross references.- Initial appearance hearing in magistrate court, Uniform Rules for the Magistrate Courts, Rule 13.
JUDICIAL DECISIONS
Officer must see enough to convince oneself and judge of crime.
- What the officer sees or apprehends through the officer's senses must be sufficient to convince the officer as a fact that a violation exists, and to enable the judge when challenge is made to agree that such conviction is justified by what the observer has seen, heard, or otherwise ascertained. Harris v. State, 128 Ga. App. 22, 195 S.E.2d 262 (1973).
Statements made outside of county of crime admissible.
- Valid statements by a defendant should not be rejected merely because the statements were obtained in a county other than that where the offenses were committed. Echols v. State, 231 Ga. 633, 203 S.E.2d 165 (1974).
No bail in lieu of return of prisoner to other county.
- Officials of a county in which one is arrested on a bench warrant issued from another county have no authority to admit to bail the person arrested. Weatherly v. Beavers, 139 Ga. 122, 76 S.E. 853 (1912).
Officer may not release prisoner on other county's bond.
- Arresting officer cannot accept a bond issued in another county and discharge the prisoner. Lamb v. Dillard, 94 Ga. 206, 21 S.E. 463 (1894); Burrow v. Southern Ry., 139 Ga. 733, 78 S.E. 125 (1913).
Officer must return felon to county of crime where judge sets bail.
- Arresting officer has no authority to accept bond from one arrested under a warrant for a felony, but should return the party arrested to the county in which the crime was alleged to have been committed for examination before a judicial officer of that county and the fixing of bail by such officer in case of commitment. Paulk v. Sexton, 203 Ga. 82, 45 S.E.2d 768 (1947).
County liable for expenses in returning prisoner.
- County where an alleged offense was committed is liable to suit for the expenses of an arresting officer in carrying a prisoner to such county. Harris County v. Brady, 115 Ga. 767, 42 S.E. 71 (1902).
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).
Service of warrant outside territorial limits.
- City police officer has no authority to serve a warrant in a county outside the municipality. Coker v. State, 14 Ga. App. 606, 81 S.E. 818 (1914).
Sheriff of a city court was not an arresting officer within the meaning of this section. Vince v. State, 113 Ga. 1068, 39 S.E. 313 (1901).
Cited in McFarlin v. Board of Drainage Comm'rs, 153 Ga. 766, 113 S.E. 447 (1922); Walker v. Whittle, 83 Ga. App. 445, 64 S.E.2d 87 (1951); Croker v. State, 114 Ga. App. 492, 151 S.E.2d 846 (1966).
OPINIONS OF THE ATTORNEY GENERAL
Section applies to state, not city officers.
- This section was intended to embrace such officers only as are authorized under the state law to execute warrants, and was not intended to embrace such officers as were constituted arresting officers by virtue of the laws of a municipality. 1958-59 Op. Att'y Gen. p. 73.
Duties of emergency squads.- Multi-government emergency squads may combat common disaster, civil disorder, riot, and other emergency situations. 1969 Op. Att'y Gen. No. 69-473.
Emergency squads.- Police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which the members intend to operate. 1969 Op. Att'y Gen. No. 69-473.
Proper way to organize an emergency squad is to require that each member qualify as a deputy sheriff in each county of anticipated service. 1969 Op. Att'y Gen. No. 69-473.
County officers may retrieve arrestee from other 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.
RESEARCH REFERENCES
Am. Jur. 2d.
- 5 Am. Jur. 2d, Arrest, § 23 et seq.
C.J.S.- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 124 et seq.
ALR.
- Liability for false imprisonment of officer executing warrant for arrest as affected by its being returnable to wrong court, 40 A.L.R. 290.
Degree of force that may be employed in arresting one charged with a misdemeanor, 42 A.L.R. 1200.
Territorial extent of power to arrest under a warrant, 61 A.L.R. 377.
