Running head: CRIMINAL PROCEDURE 1

Criminal Procedure

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CRIMINAL PROCEDURE 2

Chapter 4: Arrest of persons

This chapter provides general provisions of actions that constitute to arrests, privileges

provided to active duty military personal as well as the right of forcible entry into private

dwellings to execute an arrest warrant. The second article of the chapter identifies provisions for

which the law enforcement officers can arrest the individual. For instance section 17-4-20

identifies that the law enforcement officer can arrests with or without a warrant an individual if

the offender tries to escape, the officer has probable cause that a crime has been committed or the

officer has immediate knowledge of the crime (Geogia Code, n.d.).

Other sections of this chapter identify guidelines such as the investigation of family

violence, the duty of arresting officers as well as the procedures of arrest. This chapter generally

identifies the rules guarding the execution of arrest by law enforcement agents while providing

situations in which arrest warrants may be executed. Article 3 identifies persons who may issue

warrants of arrest for offenders against penal laws such as a judge of state, city or maintenance

court. The article also identifies the form of a warrant of arrests which notes the name of the

offender, the crime committed and the name of the magistrate who authorized the arrest warrant.

Section 17-4-47 provides for the issuance of arrests warrants by testimony, initial bond hearing

as well as video conferences (Geogia Code, n.d.). Article four identifies rules relating to the

arrest of persons by private citizens such as the grounds of such an arrest. Such grounds include

if an offense is committed in the presence of the individual or when the offender is attempting to

escape. The rules also identify that persons arrested must be conveyed to the convenient judicial

officers within 48 hours of arrest. The arrest made by private persons identify that such an

individual will have to present the offender to a peace officer or judicial offender immediately.
CRIMINAL PROCEDURE 3

Reference

Geogia Code. (n.d.). Official Code of Georgia. Retrieved from

http://www.lexisnexis.com/hottopics/gacode/Default.asp