(Ga. L. 1937, p. 322, art. 2, §§ 14, 15; Ga. L. 1950, p. 77, § 1; Ga. L. 1956, p. 495, § 1; Ga. L. 1970, p. 577, § 1; Ga. L. 1974, p. 447, § 1; Ga. L. 1978, p. 254, § 1; Ga. L. 1981, p. 1450, § 1; Ga. L. 1988, p. 1982, § 1; Ga. L. 1989, p. 14, § 35; Ga. L. 1996, p. 1507, § 1; Ga. L. 2005, p. 334, § 13A-1/HB 501.)
Cross references.- Powers and duties of Uniform Division upon and within the limits of Jeckyll Island, § 12-3-236.1.
Registration and licensing of motor vehicles generally, T. 40, C. 2.
JUDICIAL DECISIONS
Criminal investigative functions of pharmacy board transferred to department.
- Under the Executive Reorganization Act of 1972, the functions of the Georgia State Board of Pharmacy relating to alleged violations pertaining to drugs under former Code 1933, § 79A-208 were transferred to the Department of Public Safety, and the criminal investigative functions so transferred were assigned to the Division of Investigation (now Georgia Bureau of Investigation). Smith v. State, 131 Ga. App. 722, 206 S.E.2d 711 (1974).
Executive order authorizing arrests effective beyond expiration of Governor's term.
- Executive order authorizing the Georgia Bureau of Investigation to make arrests, until rescinded or superseded, is effective beyond the expiration of the term of the Governor who issued the order. Baxter v. State, 134 Ga. App. 286, 214 S.E.2d 578, cert. denied, 423 U.S. 895, 96 S. Ct. 194, 46 L. Ed. 2d 127 (1975).
Evidence of "good faith" arrest in false imprisonment action admissible.
- If, in a false imprisonment action, there is evidence from which the jury would be authorized to find that the defendant officer in good faith and with probable cause arrested the plaintiff for drunkenness, any facts, circumstances, or information on which the defendant officer acted in making the arrest are admissible, not as proof of the facts, but as evidence that the defendant officer in making the arrest did so upon reasonable ground of suspicion. Henderson v. State, 95 Ga. App. 830, 99 S.E.2d 270 (1957).
Error not to instruct jury on defense of "good faith" arrest in false imprisonment action.
- Since, during the trial of a state patrolman for false imprisonment, it appears from the evidence that the patrolman's sole defense was that the patrolman made the arrest for drunkenness upon the public highway without a warrant because the patrolman in good faith had probable cause to believe that the offense was being committed in the patrolman's presence, it is error, requiring the grant of a new trial, for the trial court to fail to instruct the jury on this defense. Henderson v. State, 95 Ga. App. 830, 99 S.E.2d 270 (1957).
Roadblocks permitted.
- O.C.G.A. § 35-2-33(a)(1) permits the setting up of roadblocks by police officials for the purpose of checking the legality of licensing of drivers and registration of vehicles. Davis v. State, 194 Ga. App. 482, 391 S.E.2d 124 (1990).
Cited in Dodd v. State, 85 Ga. App. 589, 69 S.E.2d 784 (1952); Strong v. State, 246 Ga. 612, 272 S.E.2d 281 (1980).
OPINIONS OF THE ATTORNEY GENERAL
Parameters of statutory authority.
- When the function to be performed involves something other than the enforcement of traffic and motor vehicle laws, the enforcement of criminal laws on state property, or apprehending fugitives, some further requirement is necessary to authorize the activity; that further requirement may be either the Governor's direction to suppress riots or labor strikes or assist in a criminal case investigation, a local law enforcement request for assistance in a criminal matter, or the failure to prevent or detect a criminal act because of the unavailability of a local law enforcement officer at the time. 1987 Op. Att'y Gen. No. 87-14.
State Patrol cannot enforce traffic laws in Fort Benning Reservation.
- Provisions of O.C.G.A. §§ 35-2-32 and35-2-33 do not give the Georgia State Patrol authority to enforce traffic laws on that portion of U.S. 27 and U.S. 280 running through Fort Benning Reservation. 1981 Op. Att'y Gen. No. 81-83.
Traffic control at sporting events.- To safeguard the lives and property of the public, the Uniform Division is authorized to provide traffic enforcement and control on public roads and highways affected by large crowds at sporting events such as football games at state universities. 1987 Op. Att'y Gen. No. 87-14.
Providing security at sporting events.
- If none of the triggering mechanisms for invoking the Uniform Division's authority is present, the Uniform Division is without authority to provide security for coaches and players or crowd control at professional, college, and high school sporting events in Georgia. 1987 Op. Att'y Gen. No. 87-14 (decided prior to the 1988 amendment to O.C.G.A. § 35-2-33.)
If a coach or anyone else is attacked in the presence of a trooper and there is no local law enforcement officer immediately available to respond, the trooper is a sworn officer and has a duty, recognized by statute, to intervene to stop the criminal act and arrest the attacker; in so doing, the trooper is acting within the scope of employment, and, under the terms of the present policy, is entitled to insurance coverage. However, there is no authority for the Uniform Division to provide private security, within or without the boundaries of Georgia. 1987 Op. Att'y Gen. No. 87-14.
Carrying dynamite without permit proper jurisdiction for state patrol.- Carrying dynamite without a permit in an automobile is a law regulating the use of a motor vehicle or an offense committed upon the state highway and therefore would be proper jurisdiction for the state patrol. 1967 Op. Att'y Gen. No. 67-324.
State patrol may seize fireworks, but not arrest off highway.- State patrol may seize fireworks which the state patrol finds, declare the fireworks contraband, and destroy the fireworks even though the fireworks are found off the highways of this state, but any arrest made off the highways would have to be accomplished by the local authorities; however, any violation observed on the highways may give rise to a proper arrest by the members of the state patrol. 1962 Op. Att'y Gen. p. 431.
Section as expression of how Governor's powers performed.
- Provisions of Ga. L. 1956, p. 495, § 1 (see now O.C.G.A. § 35-2-33) are merely one expression of the legislature as to how the broad powers of the Governor may be performed; the statute should not be considered exhaustive by any means. 1963-65 Op. Att'y Gen. p. 42.
Governor may authorize Georgia Bureau of Investigation to conduct investigations and make arrests in localities.- Governor has the power and the authority to authorize the Georgia Bureau of Investigation to conduct investigations and make arrests in any criminal case in any county or municipality of this state. 1963-65 Op. Att'y Gen. p. 532.
Governor may order state patrol to make arrests, even in absence of request from localities.- Governor is authorized to order the director (now commissioner) of public safety to direct members of the Georgia State Patrol to make arrests for violations of the laws of this state; this would be true even in the absence of any request for assistance emanating from the governing authorities of the counties or municipalities involved. 1963-65 Op. Att'y Gen. p. 38.
Governor may order department members to assist judge in enforcing criminal laws.- Governor is authorized to order the director (now commissioner) of public safety to direct members of the director's (now commissioner's) department to assist a superior court judge, if the orders are designed in any way, either directly or indirectly, to aid the enforcement of the criminal laws within the jurisdiction of the court issuing the orders. 1963-65 Op. Att'y Gen. p. 42.
Authority of state patrol members to execute warrants no greater than authority to make an arrest. 1945-47 Op. Att'y Gen. p. 604.
Competent authorities may request or order patrol officers to execute warrants.- If competent municipal authorities, or the sheriff of any county, or a judge of the superior court requests members of the Georgia State Patrol to execute a warrant, or if by the terms of a warrant they order such members to execute the warrant, the patrol officers are perfectly competent to execute such warrants. 1945-47 Op. Att'y Gen. p. 604.
Warrant resulting from criminal contempt, misdemeanor, or nonobeying witness.- Any warrant issued by the court itself resulting from a case of criminal contempt, or a misdemeanor case proceeding upon an accusation, or to bring in a witness who has not obeyed a subpoena issued in a criminal case, could properly be served by members of the Department of Public Safety. 1963-65 Op. Att'y Gen. p. 42.
Assistance not rendered in noncriminal matters.- This section does not contemplate the rendering of assistance in matters such as the service of process or civil writs which have no connection with criminal enforcement. 1963-65 Op. Att'y Gen. p. 42.
Authority of trooper in another state.- Member of the Uniform Division on official department business in another state has such law enforcement authority while there as the law of that state may confer upon the member. 1987 Op. Att'y Gen. No. 87-14.
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur.2d, Administrative Law, § 52 et seq.
C.J.S.- 73 C.J.S., Public Administrative Law and Procedure, § 79 et seq.
ALR.
- Validity of statute or ordinance against picketing, 122 A.L.R. 1043; 125 A.L.R. 963; 130 A.L.R. 1303.