Procedure for Investigation of Suspected Arson - Taking of Testimony; Arrest of Suspect; Furnishing of Information to District Attorney

Checkout our iOS App for a better way to browser and research.

The state fire marshal or his deputy, when in his opinion such proceedings are necessary, shall take the testimony on oath of all persons believed to be cognizant of or to have information or knowledge in relation to suspected arson and shall cause the testimony to be reduced to writing. If he is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall cause such person to be arrested in accordance with the law. He shall also furnish the district attorney of the circuit in which the fire occurred with all the information obtained by him in his investigation. The district attorney shall thereupon proceed according to law.

(Ga. L. 1949, p. 1057, § 21.)

Cross references.

- Arson and explosives generally, § 16-7-60 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Powers not exclusive.

- Grant to the state fire marshal and the marshal's deputy of powers relating to investigation of suspected arson, as set forth in O.C.G.A. § 25-2-27, is not exclusive. 1989 Op. Att'y Gen. No 89-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 1 et seq., 10 et seq., 31, 40. 5 Am. Jur. 2d, Arson and Related Offenses, § 31 et seq.

C.J.S.

- 6A C.J.S., Arrest, §§ 4-10, 15-16. 6A C.J.S., Arson, § 23 et seq.

ALR.

- Expert and opinion evidence as regards fire, 131 A.L.R. 1113.

What constitutes "burning" to justify charge of arson, 28 A.L.R.4th 482.


Download our app to see the most-to-date content.