Power of Game Wardens and Deputy Game Wardens to Arrest Persons; Procedure Upon Failure of Person Arrested to Appear to Answer Charges

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. General Provisions
  5. Power of Game Wardens and Deputy Game Wardens to Arrest Persons; Procedure Upon Failure of Person Arrested to Appear to Answer Charges

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  1. Notwithstanding any other provision of law to the contrary, game wardens and deputy game wardens, when authorized to do so by the board, may arrest persons accused of violating any law or regulation which such officers are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the officer or information concerning the offense constituting a basis for arrest was received by the arresting officer from a law enforcement officer observing the offense being committed. The arresting officer may issue to the person a citation which shall enumerate the specific charges against the person and the date upon which the person is to appear and answer the charges. Whenever an arrest is made by the arresting officer on the basis of information received from another law enforcement officer observing the offense being committed, the citation shall list the name of each officer, and each must be present when the charges against the offender are heard.
  2. If the person charged shall fail to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of the person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court.

(Ga. L. 1976, p. 522, § 2; Code 1933, § 45-119, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 2019, p. 808, § 7/SB 72.)

The 2019 amendment, effective July 1, 2019, substituted "game wardens" for "conservation rangers" twice in subsection (a).

Cross references.

- Acceptance of cash bonds for violation of game and fish laws, § 17-6-5 et seq.

JUDICIAL DECISIONS

Conservation officer/ranger engaged in official duties.

- Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. Thornton v. State, 353 Ga. App. 252, 836 S.E.2d 541 (2019).

RESEARCH REFERENCES

C.J.S.

- 36A C.J.S., Fish, §§ 29, 30.


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