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 sought) did, on the ________ day of ______________, ______, in the county aforesaid, commit the offense of (insert here all information describing offense as required by Code Section 17-4-41) and this affiant makes this affidavit that a warrant may issue for his arrest. ________________________________ (Signature of the affiant) Sworn to and subscribed before me, this ________ day of ____________, ______. ________________________________ Judicial officer
(Orig. Code 1863, § 4596; Code 1868, § 4618; Code 1873, § 4715; Code 1882, § 4715; Penal Code 1895, § 884; Penal Code 1910, § 905; Code 1933, § 27-104; Ga. L. 1982, p. 3, § 17; Ga. L. 1999, p. 81, § 17.)
OPINIONS OF THE ATTORNEY GENERALValid warrant for arrest of probation violator must be accompanied by an affidavit, and to be valid the affidavit must be sworn to under oath and signed by the affiant. 1981 Op. Att'y Gen. No. 81-99.
Affiant need not have personal knowledge of information to which the affiant swears when executing affidavit under O.C.G.A. § 42-8-38 for arrest of probation violator. 1981 Op. Att'y Gen. No. 81-99.
RESEARCH REFERENCES
Am. Jur. 2d.
- 5 Am. Jur. 2d, Arrest, §§ 13 et seq., 17 et seq.
C.J.S.- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 18 et seq.