2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 3 - Warrants for Arrest
§ 17-4-46. Form of Warrant for Arrest

Universal Citation: GA Code § 17-4-46 (2020)

An arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, __________________ County. To any sheriff, deputy sheriff, coroner, constable, or marshal of said state - Greetings: (Name of the affiant) makes oath before me that on the __________ day of ______________________________, in the year ________, in the county aforesaid, (name of person against whom the warrant is sought) did commit the offense of (insert here all information describing offense as required by Code Section 17-4-41). You are therefore commanded to arrest (name of person against whom the warrant is sought) and bring him before me, or some other judicial officer of this state, to be dealt with as the law directs. You will also levy on a sufficiency of the property of (name of person against whom the warrant is sought) to pay the costs in the event of his final conviction. Herein fail not. ______________________________ Judicial officer

(Orig. Code 1863, § 4597; Code 1868, § 4619; Code 1873, § 4716; Code 1882, § 4716; Penal Code 1895, § 885; Penal Code 1910, § 906; Code 1933, § 27-105; Ga. L. 1962, p. 668, § 3; Ga. L. 1999, p. 81, § 17.)

OPINIONS OF THE ATTORNEY GENERAL

Valid warrant for arrest of probation violator must be accompanied by an affidavit, and to be valid the affidavit must be sworn to under oath and signed by the affiant. 1981 Op. Att'y Gen. No. 81-99.

Application to affidavit for arrest of probation violator.

- Although O.C.G.A. § 42-8-38, pertaining to the arrest of a probation violator, does not state that personal knowledge of the affiant is required, an analogy may be made to general arrest warrants, which do not require the affiant to have personal knowledge. 1981 Op. Att'y Gen. No. 81-99.

Warrant may levy arrestee's property to pay on costs if convicted.

- Arrest warrant can contain directions to the arresting officer to levy on a sufficiency of the property of the arrested party to pay the costs in the event of the party's final conviction. 1967 Op. Att'y Gen. No. 67-357.

Levy is optional with judge.

- Legislative intent was to make the provision for the levying on the property of the arrested party in order to pay costs an optional provision to be left to the discretion of the judicial body from which the warrant originated. 1967 Op. Att'y Gen. No. 67-357.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 10 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 47 et seq.

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