Powers of County Police Generally

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  2. Georgia Code
  3. Local Government
  4. County Police
  5. Powers of County Police Generally

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Under the direction and control of the county governing authority, the county police shall have:

  1. The same power to make arrests and to execute and return criminal warrants and processes in the county of their election or appointment only, as sheriffs have; and
  2. All the powers of sheriffs as peace officers in the county of their election or appointment.

(Ga. L. 1909, p. 156, § 3; Civil Code 1910, § 851; Ga. L. 1914, p. 142, § 3; Code 1933, § 23-1403; Ga. L. 1961, p. 217, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Powers of arrest.

- Arresting powers of county police are confined to the county of appointment or election. 1960-61 Op. Att'y Gen. p. 62.

Power to arrest on state property.

- Within the limits of their respective territorial or statutory jurisdiction, local law enforcement authorities may arrest offenders upon state property for violations of state laws, including property under the jurisdiction of the Georgia Building Authority Police. 1992 Op. Att'y Gen. No. 92-6.

Power to return prisoner from outside county.

- County police under former Code 1933, § 23-1403 (see now O.C.G.A. § 36-8-5) were authorized to go from the county of appointment to another county within the limits of the state to receive a prisoner who was under arrest and detention and return such prisoner to the county of appointment, according to former Code 1933, § 27-209 (see now O.C.G.A. § 17-4-25). 1958-59 Op. Att'y Gen. p. 73.

Misdemeanor cases.

- County police officer has the same authority as the sheriff in those cases once the defendant is arrested under a warrant charging a misdemeanor, so long as the prisoner is in the police officer's custody; if the county police officer turns the prisoner over to the sheriff without bail, it would thereafter be the responsibility of the sheriff to accept bail. 1962 Op. Att'y Gen. p. 63.

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 31 et seq.

C.J.S.

- 20 C.J.S., Counties, §§ 196, 207.

ALR.

- Degree of force that may be employed in arresting one charged with a misdemeanor, 42 A.L.R. 1200.


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