Constables shall exercise the power of arrest only with a warrant or at the direction of and in the presence of a magistrate or the judge of another court.
(Code 1981, §15-10-103, enacted by Ga. L. 1983, p. 884, § 2-1.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-817, 24-820 and 24-822 are included in the annotations for this Code section.
"Law enforcement officer" includes constables.
- Since, although constables do not have general police powers, constables do have the power to arrest with a warrant and to execute and return all warrants, summons, executions, and other processes directed to the constables by the magistrate court, and constables are to perform all other duties required of the constables by law or which relate to the constable's offices, under O.C.G.A. §§ 15-10-102 and15-10-103, one can logically conclude that the term "law enforcement officer" as used in O.C.G.A. § 15-10-202(c) includes constables of the magistrate court. 1987 Op. Att'y Gen. No. U87-21.
Extent of arrest powers accorded to constables.- Constable is grouped with other "officers" as to arrest powers under former Code 1933, § 27-207 and is required to execute all warrants directed to the constable by lawful authority under former Code 1933, § 24-817; logically, the constable would be authorized to use such force as is necessary to carry out the constable's duties to the same extent as are other officers when serving arrest warrants or lawfully making an arrest without a warrant, but the constable does not possess general police powers, and may carry a pistol only if licensed to do so. 1978 Op. Att'y Gen. No. U78-30 (decided under former Code 1933, § 24-817).
Constable is authorized to charge and collect fee for serving criminal warrant by arresting the person named in the warrant as a defendant. 1958-59 Op. Att'y Gen. p. 44 (decided under former Code 1933, § 24-820).
No authority to enforce motor vehicle laws without warrant.- In the absence of a warrant, a constable does not have authority to enforce the motor vehicle laws of this state. 1975 Op. Att'y Gen. No. U75-56 (decided under former Code 1933, § 24-822).