Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-4-1 Actions constituting an arrest
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An actual touching of a person with a hand is not essential to constitute a valid arrest. If the person voluntarily submits to being considered under arrest or yields on condition of being allowed his freedom of locomotion, under the discretion of the officer, the arrest is compl…
O.C.G.A. § 17-4-2 Privilege from arrest of active duty military personnel
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The members of the organized militia or military forces shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments, and the election of officers and going to, during, and returnin…
O.C.G.A. § 17-4-20 Arrest
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Use, §17-4-20. 1594 INDEX DEAF AND HEARING IMPAIRED PERSONS. Arrest. Interpreters provided. Arresting officer to comply with provisions, §17-4-30. Interpreters. Arresting law enforcement agency. Arresting officer to comply with provisions, §17-4-30. DEATH CHAMBER, §17-10-44. Prov…
O.C.G.A. § 17-4-20.1 McCracken v
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State, 224 Ga. App. 356, 480 S.E.2d 361 (1997). There was no error in the trial court’s conclusion that the defendant’s warrantless arrest after being found at the home of a friend was justified under O.C.G.A. § 17-4-20(a) as another friend of the defendant had been found shot at …
O.C.G.A. § 17-4-20.2 Bias Crime Report; requirements; use of reports; publication
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(a) Whenever a law enforcement officer investigates an incident of a crime in which it appears that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim’s or group of victims’ actual or perceived r…
O.C.G.A. § 17-4-22 Extradition of criminals
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Aliens, §17-13-4. Arresting officers. Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants for arrest, §17-13-5. Manner and place of execution of governor’s warrant, §17-13-28. Issuance of another warrant of arrest by governor, §17-13-41. Issuance of governor…
O.C.G.A. § 17-4-23 Cocaine
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Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. DRUGS —Cont’d Controlled substances —Cont’d Delivery. Trial upon accusation, §17-7-70.1. Dispensing. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7…
O.C.G.A. § 17-4-28 Evidence
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Inapplicability of rules in proceedings for issuance, §17-4-40. Execution.
O.C.G.A. § 17-4-3 Actions constituting an arrest
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Privilege from arrest of active duty military personnel. Right of forcible entry into private dwellings pursuant to execution of arrest warrant. Article 2 Arrest by Law Enforcement Officers Generally 17-4-20. Authorization of arrests with and without warrants generally; use of de…
O.C.G.A. § 17-4-30 Arrest of hearing impaired persons
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Article 3 Warrants for Arrest 17-4-40. 17-4-41. 17-4-42. 72 Persons who may issue warrants for arrest of offenders against penal laws; warrants requested by others; persons who may issue warrants for arrest of law enforcement or peace officers or school teachers or administrators…
O.C.G.A. § 17-4-40 Execution
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Duty of law enforcement officers, §17-4-24. ARREST —Cont’d Warrants —Cont’d Execution —Cont’d Right of forcible entry into private dwellings pursuant to execution, §17-4-3. Without backing or indorsement of judicial officer in county where warrant is executed, §17-4-44. Extraditi…
O.C.G.A. § 17-4-43 By law enforcement officers
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Generally, §§17-4-20 to 17-4-29. Citizen arrest. Duty to take arrested person before judicial or peace officer, §17-4-61. Time limitation, §17-4-62. Grounds for arrest, §17-4-60. Posse, §17-4-24. Crime victims’ bill of rights. Notification to victim of accused’s arrest, §§17-17-5,…
O.C.G.A. § 17-4-44 Special warrants, §17-4-42
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Who may issue, §17-4-40. Law enforcement of peace officers. Issuance for arrest of officer. Alleged offense committed in performance of duties, §17-4-40. Persons other than peace or law enforcement officers, §17-4-40. Probable cause. Issuance based on, §17-4-40. Return of warrant…
O.C.G.A. § 17-4-45 Form of affidavit for arrest warrant
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An affidavit for an arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, County. Personally came (name of affiant), who on oath says that, to the best of his knowledge and belief, (name of person against whom the warrant is sou…
O.C.G.A. § 17-4-46 Form of warrant for arrest
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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 ye…
O.C.G.A. § 17-4-47 Extradition of criminals
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Applications for requisitions. Fugitives from justice of state of Georgia, §17-13-1. Harassment of victim or witness in criminal case. Temporary restraining orders, §17-17-16. AGGRAVATED CHILD MOLESTATION —Cont’d Prosecution of offense. Time where victim under sixteen years of ag…
O.C.G.A. § 17-4-60 Arbee v
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Collins, 219 Ga. App. 63, 463 S.E.2d 922 (1995). Summary judgment was improperly granted in favor of the employer based on the employer procuring the employee’s false imprisonment when the employee was arrested by a detective because, although two of the loss prevention officers …
O.C.G.A. § 17-4-61 FALSE CLAIMS
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Victims of crime. Victim compensation, §17-15-11. FALSE IMPRISONMENT. Peace officer’s liability. Private persons making arrest, §17-4-61. FAMILY VIOLENCE —Cont’d Investigations, §17-4-20.1. Offense of violating family violence order. Child witnesses. Presence of accused, testimon…
O.C.G.A. § 17-4-62 Battle v
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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 ill…