Battle v

State, 254 Ga. 666, 333 S.E.2d 599 (1985). Sanction for violating O.C.G.A. § 17-4-62 is that the defendant shall be released and does not require suppression of evidence gathered in the interim. Chisholm v. State, 231 Ga. App. 835, 500 S.E.2d 14 (1998). Section cannot justify illegal warrantless arrest. — This section presupposed a legal arrest without a warrant and cannot be used as a basis for legitimatizing an otherwise illegal arrest. Raif v. State, 109 Ga. App. 354, 136 S.E.2d 169 (1964). Escaped convict cannot be unreasonably detained. Harris v. City of Atlanta, 62 Ga. 290 (1879). Unreasonable detention makes entire transaction trespass. — Imprisonment or detention beyond the reasonable time not only renders the imprisonment or detention illegal, but makes the entire transaction, including the arrest, a trespass ab initio. Potter v. Swindle, 77 Ga. 419, 3 S.E. 94 (1886); Piedmont Hotel Co. v. Henderson, 9 Ga. App. 672, 72 S.E. 51 (1911); Great Am. Indem. Co. v. Beverly, 150 F. Supp. 134 (M.D. Ga. 1956). Reason for requiring speedy appearance before judge. — Requirement of taking arrested persons before a judicial officer without delay is in large measure prompted by the knowledge that ‘‘the seeds of coercion sprout readily in the earth of illegal detention.’’ Blake v. State, 109 Ga. App. 636, 137 S.E.2d 49, cert. denied, 379 U.S. 924, 85 S. Ct. 281, 13 L. Ed. 2d 337 (1964). Habeas corpus if delay over 48 hours. — This section controlled time of captivity before a hearing; habeas corpus will lie if the time before a hearing exceeded 48 hours. Hyatt v. State, 134 Ga. App. 703, 215 S.E.2d 698 (1975). Illegal detention does not void court’s jurisdiction. — Although an arresting officer may be liable in damages for false arrest and imprisonment when 17-4-62 the officer detains the defendant in an illegal manner, this is ordinarily immaterial so far as the jurisdiction of the court over the defendant is concerned after jurisdiction has been acquired by accusation or indictment, and appearance and pleading by the defendant, in a criminal case. French v. State, 99 Ga. App. 149, 107 S.E.2d 890 (1959). Illegal detention does not void arrest ab initio. — Provision of this section that a person arrested without a warrant and not conveyed before an officer authorized to issue a warrant within 48 hours ‘‘shall be released’’ means only that the person shall be released from imprisonment or custody until a warrant was obtained; it does not mean that an arrest legally made was rendered void ab initio. Peters v. State, 115 Ga. App. 743, 156 S.E.2d 195 (1967). Defendant, an arresting deputy, could not assume plaintiff arrestee would make bail as the deputy had a duty under O.C.G.A. § 17-4-62 to seek an arrest warrant within 48 hours of arrest, and since it was clearly established at the time that a ten day detention without probable cause violated the Fourth Amendment, the deputy had no qualified immunity on the arrestee’s Fourth Amendment claim. Young v. Graham, No. CV 304-066, 2005 U.S. Dist. LEXIS 20882 (S.D. Ga. Aug. 11, 2005). Breath test not rendered inadmissible. — This section does not automatically void the legality of the arrest itself in such manner as to render inadmissible the result of a ‘‘breathalyzer’’ test because the test was not a product of a ‘‘legal arrest.’’ Hyatt v. State, 134 Ga. App. 703, 215 S.E.2d 698 (1975). Voluntary confession not rendered inadmissible. — Fact that a person is arrested without a warrant and is not conveyed before an officer authorized to issue a warrant within a reasonable time allowed for the purpose, as required by this section, does not of itself render the person’s confession, voluntarily given during the person’s unlawful detention, inadmissible in evidence. Blake v. State, 109 Ga. App. 636, 137 S.E.2d 49, cert. denied, 379 U.S. 924, 85 S. Ct. 281, 13 L. Ed. 2d 337 (1964); Dollar v. State, 161 Ga. App. 428, 288 S.E.2d 689 (1982). 150 17-4-62 Fact that O.C.G.A. § 17-4-62 is not complied with does not of itself render an otherwise voluntary confession inadmissible. McCorquodale v. Balkcom, 525 F. Supp. 408 (N.D. Ga. 1981), aff ’d, 721 F.2d 1493 (11th Cir. 1983), cert. denied, 466 U.S. 954, 104 S. Ct. 2161, 80 L. Ed. 2d 546 (1984). Confession admissibility state question. — Admissibility of a voluntary confession obtained during an unlawful detention in a state judicial proceeding remains a matter for state determination. Blake v. State, 109 Ga. App. 636, 137 S.E.2d 49, cert. denied, 379 U.S. 924, 85 S. Ct. 281, 13 L. Ed. 2d 337 (1964). Statements at scene admissible even though made without attorney. — Investigation by police officers at the scene on the officers’ arrival, and the defendant’s statements to the police, not being tainted by the overtones of coercion incident to prolonged illegal detention, are not objectionable although the defendant may not at that time have had counsel. Dukes v. State, 109 Ga. App. 825, 137 S.E.2d 532 (1964). Delay in warrant does not require release after indictment. — Provision of this section that a person arrested without a warrant and not conveyed before an officer authorized to issue warrants within 48 hours ‘‘shall be released,’’ means that such person shall be released from imprisonment or custody until a warrant is obtained; not that the person shall be released from trial after the person has been indicted for a crime. Blake v. State, 109 Ga. App. 636, 137 S.E.2d 49, cert. denied, 379 U.S. 924, 85 S. Ct. 281, 13 L. Ed. 2d 337 (1964). Conviction not void after delay. — This section did not require that a prisoner be released after the prisoner had been indicted or after the prisoner has been convicted, despite delaying longer than 48 hours in bringing the accused before an officer for the issuance of a warrant. Donlavey v. Smith, 426 F.2d 800 (5th Cir. 1970). Failure to hold a commitment hearing within 48 hours as required by this section did not render a conviction invalid nor require the exclusion of evidence. Sanders v. State, 235 Ga. 425, 219 S.E.2d 768 (1975), cert. denied, 425 U.S. 976, 96 S. Ct. 2177, 48 L. Ed. 2d 800 (1976); Dollar v. State, 161 Ga. App. 428, 288 S.E.2d 689 (1982); Chiasson v. State, 250 Ga. App. 63, 549 S.E.2d 503 (2001). Effect on verdict. — While the law requires a hearing within 48 hours, nevertheless, a detention or imprisonment beyond a reasonable time does not render the verdict of a jury after indictment illegal or void. Furman v. State, 225 Ga. 253, 167 S.E.2d 628 (1969), rev’d on other grounds, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346, vacated in part on other grounds, 229 Ga. 731, 194 S.E.2d 410 (1972). Reasonableness of time is question of fact. — This section commented that application for a warrant be made without delay, and makes illegal any imprisonment beyond a reasonable time necessary to obtain a warrant. Whether imprisonment was protracted for an unreasonable time under that section was a question of fact. Blake v. State, 109 Ga. App. 636, 137 S.E.2d 49, cert. denied, 379 U.S. 924, 85 S. Ct. 281, 13 L. Ed. 2d 337 (1964). Time may be unreasonable although under 48 hours. — What is a reasonable time is a question of fact and it may well be less than 48 hours, the statutory outer limit of reasonableness. Dukes v. State, 109 Ga. App. 825, 137 S.E.2d 532 (1964). Detention overnight is not illegal. Johnson v. Mayor of Americus, 46 Ga. 80 (1872). Delivery Delivery to a police officer is insufficient. Ocean S.S. Co. v. Williams, 69 Ga. 251 (1882). Fugitive from another state must be carried to an officer who can issue a warrant. Lavina v. State, 63 Ga. 513 (1879). Person arrested on authority of sheriff of another county should be delivered to that sheriff. Manning v. Mitchell, 73 Ga. 660 (1884). 151 17-4-62