Duty of Law Enforcement Officers to Execute Penal Warrants; Summoning of Posses

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Every law enforcement officer is bound to execute the penal warrants given to him to execute. He may summon to his assistance, either in writing or orally, any of the citizens of the neighborhood or county to assist in the execution of such warrants. The acts of the citizens formed as a posse by such officer shall be subject to the same protection and consequences as official acts.

(Orig. Code 1863, § 4602; Code 1868, § 4625; Code 1873, § 4722; Code 1882, § 4722; Penal Code 1895, § 895; Penal Code 1910, § 916; Code 1933, § 27-206; Ga. L. 1997, p. 143, § 17.)

OPINIONS OF THE ATTORNEY GENERAL

Emergency squads.

- Multi-gov- ernment emergency squads may combat common disaster, civil disorder, riot, and other emergency situations. 1969 Op. Att'y Gen. No. 69-473.

Police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att'y Gen. No. 69-473.

Deputy and posse may act as sheriffs.

- Regularly appointed deputy sheriff and persons lawfully performing the duties incumbent upon a posse comitatus may perform such acts as may lawfully be performed by a sheriff. 1969 Op. Att'y Gen. No. 69-75.

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 31 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, §§ 103, 104.


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