2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 3 - Warrants for Arrest
§ 17-4-41. Contents of Affidavits Made or Warrants Issued for Arrest of Penal Offenders

1. An affidavit made or warrant issued for the arrest of a person who is accused of violating the penal laws of this state shall include, as nearly as practicable, the following facts:
   1. The offense, including the time, date, place of occurrence, against whom the offense was committed, and a statement describing the offense; and
   2. The county in which the offense was committed.
2. When the offense charged is theft, the affidavit made or warrant issued shall state, in addition to the requirements of subsection (a) of this Code section, the following facts:
   1. Name of the property alleged to have been stolen, with a description thereof, including its value; and
   2. Name of the owner of the property and the person from whose possession such property was taken.
3. It is the intent of these requirements that the accused person shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto.

(Ga. L. 1865-66, p. 235, § 1; Code 1868, § 4617; Code 1873, § 4714; Code 1882, § 4714; Penal Code 1895, § 883; Penal Code 1910, § 904; Code 1933, § 27-103; Code 1933, § 27-103.1, enacted by Ga. L. 1962, p. 668, § 1.)

- For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 111 (2006).

ANALYSIS

• General Consideration
• Requirements for Affidavit or Warrant

OPINIONS OF THE ATTORNEY GENERAL

Signature in presence of magistrate.

- Affidavit which is prepared to support an accusation must be signed by the arresting officer in the presence of a magistrate or anyone else who has authority to issue criminal warrants. 1980 Op. Att'y Gen. No. U80-2.

- At the present time, multiple criminal charges may be contained on a single arrest warrant provided that the requirements of O.C.G.A. § 17-4-41 are met and that the affidavit contains probable cause as to any charge alleged in the warrant. 1986 Op. Att'y Gen. No. U86-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 10 et seq.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 18 et seq. 98 C.J.S., Witnesses, § 778.

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

Electrical energy, gas, water, heat, power as subject of larceny, 113 A.L.R. 1282.