Effect of Peace Officer's Failure to Comply With Chapter Generally; Civil Actions Against Noncomplying Peace Officers and Law Enforcement Units

  1. Law
  2. Georgia Code
  3. Law Enforcement Officers and Agencies
  4. Employment and Training of Peace Officers
  5. Effect of Peace Officer's Failure to Comply With Chapter Generally; Civil Actions Against Noncomplying Peace Officers and Law Enforcement Units

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  1. Any peace officer so employed who does not comply with this chapter shall not be authorized to exercise the powers of a law enforcement officer generally and particularly shall not be authorized to exercise the power of arrest.
  2. The council is authorized to bring a civil action against any peace officer who does not comply with this chapter to enjoin the peace officer from performing any and all functions of a peace officer, including the power of arrest, until the officer shall meet the certification or registration requirements of this chapter.
  3. The council is authorized to bring a civil action against any law enforcement unit which employs or appoints any peace officer who fails to meet the certification or registration requirements of this chapter to enjoin the law enforcement unit from allowing the peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as the peace officer shall comply with the certification or registration requirements of this chapter.

(Ga. L. 1970, p. 208, § 15; Ga. L. 1975, p. 1165, § 11; Ga. L. 1977, p. 713, § 8; Ga. L. 1977, p. 1180, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Authority of "registered" or "exempt" peace officers.

- "Registered" or "exempt" peace officer who is in compliance with the requirements for certification under the Georgia Peace Officer Standards and Training Act, O.C.G.A. Ch. 8, T. 35, has the same authority and limitations as that of a "certified" peace officer in all respects relevant to law enforcement duties, including the ability to apply for a search warrant. 1999 Op. Att'y Gen. No. 99-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 48 et seq., 70.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 22. 73 C.J.S., Public Administrative Law and Procedures, § 108 et seq.


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