Powers and Duties of Special Agents and Enforcement Officers of Department Generally; Bond Requirement; Retention of Weapon and Badge Upon Retirement or Disability

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. State Administration and Enforcement
  5. Enforcement
  6. Powers and Duties of Special Agents and Enforcement Officers of Department Generally; Bond Requirement; Retention of Weapon and Badge Upon Retirement or Disability

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  1. Persons appointed by the commissioner as special agents or enforcement officers of the department, in the enforcement of this title and other laws of this state with respect to the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages, shall have the authority throughout the state to:
    1. Obtain and execute warrants for arrest of persons charged with violations of such laws;
    2. Obtain and execute search warrants in the enforcement of such laws;
    3. Arrest without warrant any person violating such laws in the officer's presence or within his immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant;
    4. Make investigations in the enforcement of such laws and, in connection with the investigations, to go upon any property outside of buildings, posted or otherwise, in the performance of official duties;
    5. Seize and take possession of all property which is declared contraband under such laws; and
    6. Carry firearms while performing their duties.
  2. Each special agent or enforcement officer shall file with the commissioner a public official's bond in the amount of $1,000.00, the cost of which shall be paid by the department.
  3. Nothing in this title shall be construed so as to relieve any special agent or enforcement officer, after making an arrest, from the duties imposed generally to obtain a warrant promptly and, without undue delay, to return arrested persons before a person authorized to examine, commit, or receive bail, as required by general law.
  4. After an agent or enforcement officer has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner.
  5. As used in this subsection, the term "disability" means a disability that prevents an individual from working as a law enforcement officer. When a special agent or an enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or an enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.

(Ga. L. 1963, p. 135, §§ 1, 2; Code 1933, § 5A-350, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 12; Ga. L. 1996, p. 1074, § 1; Ga. L. 2004, p. 1058, § 1; Ga. L. 2005, p. 60, § 3/HB 95.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 40 et seq., 53 et seq., 64 et seq., 67 et seq. 14 Am. Jur. 2d, Carriers, § 513. 45 Am. Jur. 2d, Intoxicating Liquors, §§ 15 et seq., 26 et seq., 261 et seq., 374 et seq. 68 Am. Jur. 2d, Searches and Seizures, §§ 37 et seq., 143 et seq.

ALR.

- Criminal responsibility of purchaser of intoxicating liquor under National Prohibition Act, 68 A.L.R. 895.

Validity of particular statutory provisions or other regulations as to inspection, entry, or search of places licensed for sale of intoxicating liquors, 116 A.L.R. 1098.


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