Additional Powers of Game Wardens; Functions of Other Agencies Assigned to Department

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  5. Additional Powers of Game Wardens; Functions of Other Agencies Assigned to Department

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  1. In addition to the powers enumerated in Code Sections 27-1-18 and 27-1-19, game wardens shall have all the powers previously vested in any other law enforcement officers within the department including, but not limited to, the following:
    1. To enforce all laws, rules, and regulations pertaining to wildlife and to boating safety and as otherwise provided;
    2. To execute all warrants and search warrants for the violation of the laws, rules, and regulations pertaining to wildlife or to boating safety;
    3. To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules, and regulations pertaining to wildlife or to boating safety;
    4. To arrest without warrant any person found violating any of the laws, rules, and regulations pertaining to wildlife or to hunting, fishing, or boating;
    5. To seize and take possession of all wildlife or parts thereof taken, caught, killed, captured, possessed, or controlled or which have been shipped or are about to be shipped at any time and in any manner or for any purpose contrary to the laws, rules, and regulations pertaining to wildlife;
    6. To go upon property outside of buildings, posted or otherwise, in the performance of their duties;
    7. To carry firearms while performing duties pertaining to wildlife;
    8. To seize as evidence, without warrant, any device other than a boat, vehicle, or aircraft when they have cause to believe that its possession or use is in violation of any of the provisions of the laws or regulations dealing with wildlife. For the purposes of this Code section, "device" includes any light, hunting apparatus, or fishing or netting gear or tackle;
    9. To enter and inspect any commercial cold storage warehouse, ice house, locker plant, butcher shop, or other plant or building for the purpose of determining whether wildlife is being kept or stored therein in violation of the wildlife laws or regulations; and
    10. To exercise the full authority of peace officers while in the performance of their duties.
  2. Unless inconsistent with this title, whenever any statute pertaining to an agency whose functions are assigned to the department refers to law enforcement personnel of that agency, that reference applies to game wardens.

(Ga. L. 1911, p. 137, § 4; Ga. L. 1912, p. 113, § 1; Ga. L. 1931, p. 173, §§ 1-3; Code 1933, §§ 45-108, 45-126; Ga. L. 1955, p. 483, § 18; Ga. L. 1968, p. 497, § 6; Ga. L. 1970, p. 466, § 1; Ga. L. 1973, p. 1483, § 4; Code 1933, § 45-120, 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" in the introductory language of subsection (a) and at the end of subsection (b).

Cross references.

- Searches without warrants generally, § 17-5-1 et seq.

Peace officers generally, § 35-8-1 et seq.

Enforcement of laws pertaining to boating safety, § 52-7-25.

JUDICIAL DECISIONS

Conservation officer/ranger engaged in official duties in enforcing traffic.

- 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).

Ranger may observe evidence of crime before search.

- The fruits of a search of the defendant's premises, by a conservation ranger looking for deer carcasses, conducted with the defendant's consent, were admissible. The legality of such a search was not vitiated because, prior to obtaining consent, the ranger had observed the evidence of the crime by walking around the side of the house. State v. Sutton, 258 Ga. 382, 369 S.E.2d 249 (1988).

Intoximeter test administered by ranger.

- The probate court properly denied defendant's motion to suppress the intoximeter result since a conservation ranger was empowered and authorized, in addition to the ranger's regularly enumerated duties, to exercise the full authority of peace officers. Smith v. State, 204 Ga. App. 576, 420 S.E.2d 29, cert. denied, 204 Ga. App. 922, 420 S.E.2d 29 (1992).

Seizure of evidence.

- Conservation rangers had authority to seize unlicensed hunter's crossbow and rifle without a warrant. Dowis v. State, 232 Ga. App. 111, 501 S.E.2d 275 (1998).

RESEARCH REFERENCES

C.J.S.

- 36A C.J.S., Fish, §§ 29, 30.

ALR.

- Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws, 87 A.L.R.4th 981.

Authority of public official, whose duties or functions generally do not entail traffic stops, to effectuate traffic stop of vehicle, 18 A.L.R.6th 519.


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