2020 Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 1 - General Provisions
§ 35-3-8. Powers of Agents of Bureau Generally

Universal Citation: GA Code § 35-3-8 (2020)
  1. All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
    1. Obtain and execute warrants for the arrest of persons charged with violations of such laws;
    2. Obtain and execute search warrants in the enforcement of such laws;
    3. Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant;
    4. Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties;
    5. Seize and take possession of all property which is declared contraband under such laws; and
    6. Carry firearms while performing their duties.
  2. The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner.

(Ga. L. 1980, p. 420, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 2003, p. 665, § 42.)

Cross references.

- Powers and duties of state revenue commissioner relating to enforcement of laws pertaining to manufacture or transportation of alcoholic beverages, § 3-2-30 et seq.

Authority of agents of bureau with regard to laws pertaining to operation of vessels or boats upon waters of state, § 27-1-24.

Powers and duties of state revenue commissioner relating to enforcement of laws pertaining to manufacture or transportation of cigars, cigarettes, and little cigars, § 48-11-19.

Editor's notes.

- Ga. L. 2003, p. 665, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Tax Revision Act of 2003.'"

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 233 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 42, 43. 63C Am. Jur. 2d, Public Officers and Employees, §§ 227, 229, 237. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 31 et seq.

C.J.S.

- 48A C.J.S., Intoxicating Liquors, § 761 et seq. 63 C.J.S., Municipal Corporations, §§ 486, 487, 492 et seq., 503. 67 C.J.S., Officers and Public Employees, § 323 et seq.

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