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Who Has The Power To Arrest? | Paulding County Criminal Defense Lawyer

Ordinarily the word “officer,” for purposes of making an arrest, denotes a peace officer who is authorized by statute to make an arrest.

It should be noted that Georgia has provided by statute that no peace officer shall exercise the power to arrest if the officer has not complied with the Georgia Peace Officer Standards and Training Act.Also, in Holstein v. Statethe court held that an officer who has not completed the requirements of the Training Act may not obtain a search warrant. However, in Davis v. Statethe court held that an officer who has completed the training requirements of the statute may arrest even though he has not yet received his certification.

In Williams v. State,the court held that a federal DEA agent had no authority as an officer to make an arrest for a misdemeanor; however, the agent had the same right as any other citizen to arrest an offender who is committing a misdemeanor in his presence.

O.C.G.A. § 17-4-25 provides in part as follows:

“(a) Under a warrant issued by a judicial officer, an arresting officer may, in any county without regard to the residence of the arresting officer, arrest any person charged with a crime. It is the duty of the arresting officer to take the accused, with the warrant under which he was arrested, to the county in which the offense is alleged to have been committed, for examination before any judicial officer of that county.

This section does not apply to city police officers,but does apply to state officers and county police.

In Watkins v. State,the court held that under exigent circumstances a deputy sheriff has authority to make a warrantless arrest beyond the limits of his county.