The arrest of a person may be lawfully made by any peace officer or private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath, setting forth the ground for the arrest, as provided in Code Section 17-13-33; and thereafter the answer of the accused shall be heard as if he had been arrested on a warrant.
(Ga. L. 1951, p. 726, § 14; Ga. L. 1990, p. 8, § 17.)
OPINIONS OF THE ATTORNEY GENERAL
Arrest not authorized until requisition issued.
- Prior to the issuance of a requisition for extradition, an officer of this state is not authorized to make an arrest under a warrant issued by an inferior court of another state. 1952-53 Op. Att'y Gen. p. 362.
RESEARCH REFERENCES
Am. Jur. 2d.
- 31A Am. Jur. 2d, Extradition, § 58.
C.J.S.- 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.
U.L.A.- Uniform Criminal Extradition Act (U.L.A.) § 14.