2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons

- Constitutional guarantee against deprivation of liberty without due process, Ga. Const. 1983, Art. I, Sec. I, Para. I.

Privilege of General Assembly members from arrest, Ga. Const. 1983, Art. III, Sec. IV, Para. IX.

Circumstances justifying taking of minors into custody, § 15-11-17.

Privilege of voter registration officers from arrest, § 21-2-215.

Prohibiting peace officer from exercising power of arrest, § 35-8-17.

Apprehension of mentally ill persons for transfer to emergency receiving facilities, § 37-3-40 et seq.

Apprehension of alcoholics and others for transfer to emergency receiving facilities, § 37-7-40 et seq.

Exemption of members of organized militia from arrest on civil process, § 38-2-272.

Arrest powers of members of militia in emergencies, § 38-2-307.

- For note, "The Law of Arrest," see 17 Mercer L. Rev. 300 (1965).

If the defendant has been indicted and convicted, an illegal arrest is not by itself grounds for reversal. Thompson v. State, 155 Ga. App. 101, 270 S.E.2d 313 (1980).

Cited in Clarke v. State, 158 Ga. App. 749, 282 S.E.2d 1 (1981).

OPINIONS OF THE ATTORNEY GENERAL

No delegation of arrest powers to ex-military officers or rangers.

- No agency of state government may delegate the government's arrest powers to retired military officers or officers of a group of horse rangers. 1969 Op. Att'y Gen. No. 69-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 544 et seq. 67 Am. Jur. 2d, Rewards, § 1 et seq.

- 77 C.J.S., Rewards and Bounties, § 1 et seq.

- Allowing attorney to exceed allotted time for argument as reversible error, 1 A.L.R. 1257.

Degree of force that may be employed in arresting one charged with a misdemeanor, 3 A.L.R. 1170; 42 A.L.R. 1200.

Constitutional guaranties against unreasonable searches and seizures as applied to search for or seizure of intoxicating liquor, 3 A.L.R. 1514; 13 A.L.R. 1316; 27 A.L.R. 709; 39 A.L.R. 811; 41 A.L.R. 1539; 74 A.L.R. 1418.

Waiver of privilege against or nonliability to arrest in civil action, 8 A.L.R. 754.

Time at which an arrest is made as affecting its legality or liability for making it, 9 A.L.R. 1350.

Necessity of showing warrant upon making arrest under warrant, 40 A.L.R. 62.

Liability for false imprisonment of officer executing warrant for arrest as affected by its being returnable to wrong court, 40 A.L.R. 290.

Territorial extent of power to arrest under a warrant, 61 A.L.R. 377.

Unlawfulness of arrest as affecting jurisdiction or power of court to proceed in criminal case, 96 A.L.R. 982.

Necessity of informing suspect of rights under privilege against self-incrim- ination, prior to police interrogation, 10 A.L.R.3d 1054.

Liability, for false arrest or imprisonment, of private person detaining child, 20 A.L.R.3d 1441.

Uninvited entry into another's living quarters as invasion of privacy, 56 A.L.R.3d 434.

Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281.

Modern status: right of peace officer to use deadly force in attempting to arrest fleeing felon, 83 A.L.R.3d 174.

Peace officer's civil liability for death or personal injuries caused by intentional force in arresting misdemeanant, 83 A.L.R.3d 238.

Knowledge of reward as condition of right thereto, 86 A.L.R.3d 1142.

Official immunity of national guard members, 52 A.L.R.4th 1095.

Issuance or service of state-court arrest warrant, summons, citation, or other process as tolling criminal statute of limitations, 71 A.L.R.4th 554.

Burden of proof in civil action for using unreasonable force in making arrest as to reasonableness of force used, 82 A.L.R.4th 598.