2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 3 - Warrants for Arrest
§ 17-4-42. Issuance of Special Warrants for Arrest; Treatment of Special Warrants as General Arrest Warrants

Universal Citation: GA Code § 17-4-42 (2020)

No judicial officer except a judge of the superior court shall issue a special warrant for arrest returnable only before himself; nor shall any superior court judge issue such warrant outside of his own judicial circuit. If issued outside the judicial circuit, the warrant shall be treated as a general arrest warrant.

(Orig. Code 1863, § 4598; Code 1868, § 4620; Code 1873, § 4717; Code 1882, § 4717; Penal Code 1895, § 886; Penal Code 1910, § 907; Code 1933, § 27-106.)

OPINIONS OF THE ATTORNEY GENERAL

Justice of peace cannot order commitment hearing when arresting officer sets bond.

- Since a justice of the peace cannot issue a special warrant for arrest returnable only to the justice, it follows that the justice cannot order a commitment hearing when the arresting officer has purported to personally set the bond. 1970 Op. Att'y Gen. No. U70-152.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 8 et seq., 10 et seq., 20 et seq., 23 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 185 et seq.

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