reglab/housing_qa huggingface dataset:
GA Code § 17-4-46 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 4 - Arrest of Persons|Article 3 - Warrants for Arrest|§ 17-4-46. Form of Warrant for Arrest

 An arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, __________________ County. To any sheriff, deputy sheriff, coroner, constable, or marshal of said state - Greetings: (Name of the affiant) makes oath before me that on the __________ day of ______________________________, in the year ________, in the county aforesaid, (name of person against whom the warrant is sought) did commit the offense of (insert here all information describing offense as required by Code Section 17-4-41). You are therefore commanded to arrest (name of person against whom the warrant is sought) and bring him before me, or some other judicial officer of this state, to be dealt with as the law directs. You will also levy on a sufficiency of the property of (name of person against whom the warrant is sought) to pay the costs in the event of his final conviction. Herein fail not. ______________________________ Judicial officer   (Orig. Code 1863, § 4597; Code 1868, § 4619; Code 1873, § 4716; Code 1882, § 4716; Penal Code 1895, § 885; Penal Code 1910, § 906; Code 1933, § 27-105; Ga. L. 1962, p. 668, § 3; Ga. L. 1999, p. 81, § 17.)   OPINIONS OF THE ATTORNEY GENERAL    Valid warrant for arrest of probation violator  must be accompanied by an affidavit, and to be valid the affidavit must be sworn to under oath and signed by the affiant. 1981 Op. Att'y Gen. No. 81-99.   Application to affidavit for arrest of probation violator.    - Although O.C.G.A. § 42-8-38, pertaining to the arrest of a probation violator, does not state that personal knowledge of the affiant is required, an analogy may be made to general arrest warrants, which do not require the affiant to have personal knowledge. 1981 Op. Att'y Gen. No. 81-99.   Warrant may levy arrestee's property to pay on costs if convicted.   - Arrest warrant can contain directions to the arresting officer to levy on a sufficiency of the property of the arrested party to pay the costs in the event of the party's final conviction. 1967 Op. Att'y Gen. No. 67-357.   Levy is optional with judge.   - Legislative intent was to make the provision for the levying on the property of the arrested party in order to pay costs an optional provision to be left to the discretion of the judicial body from which the warrant originated. 1967 Op. Att'y Gen. No. 67-357.   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Arrest, § 10 et seq.   C.J.S.   - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 47 et seq.
GA Code § 17-4-47 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 4 - Arrest of Persons|Article 3 - Warrants for Arrest|§ 17-4-47. Issuance of Warrants by Video Conference; Testimony; Initial Bond Hearings; Oaths

  A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant.   Arrest warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.   The affiant participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant, the arrest warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such authorization shall be deemed to comply with the signature requirements provided for in Code Sections 17-4-45 and 17-4-46.   A judge may also utilize a video conference to conduct hearings relating to the issuance of an initial bond connected with an offense for which an arrest warrant is issued, provided that the setting of such bond is within the jurisdiction of that court.   A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.     (Code 1981, §17-4-47, enacted by Ga. L. 1998, p. 872, § 1; Ga. L. 1999, p. 81, § 17; Ga. L. 2008, p. 324, § 17/SB 455; Ga. L. 2013, p. 584, § 1/HB 146; Ga. L. 2021, p. 423, § 1-6/HB 635.)    The 2021 amendment,  effective May 4, 2021, deleted ", and, at the time such warrant is issued, he or she is physically located within this state" following "such warrant" at the end of the last sentence of subsection (a).   Law reviews.   - For article, "Statewide Judicial Emergency: Judicial Order by the Supreme Court of Georgia Declaring a Statewide Judicial Emergency," see 37 Ga. St. U.L. Rev. 31 (2020).   RESEARCH REFERENCES   ALR.   - Constitutional and statutory validity of judicial videoconferencing, 115 A.L.R.5th 509.
GA Code § 17-4-60 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 4 - Arrest of Persons|Article 4 - Arrest by Private Persons|§ 17-4-60. Through 17-4-62

 Reserved. Repealed by Ga. L. 2021, p. 625, § 2/HB 479, effective May 10, 2021.   Editor's notes.   - This article was based on Orig. Code 1863, §§ 4604, 4605; Code 1868, §§ 4627, 4628; Code 1873, § 4724, 4725; Code 1882, § 4724; Penal Code 1895, §§ 900, 901; Penal Code 1910, §§ 921, 922; Code 1933, §§ 27-211, 27-212; Ga. L. 1956, p. 796, § 2; Ga. L. 1977, p. 902, § 1.   Ga. L. 2021, p. 625, § 8/HB479, not codified by the General Assembly, provides, in part, that: "This Act shall not apply to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Act." This Act became effective May 10, 2021.
GA Code § 17-5-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 1 - Searches Without Warrants|§ 17-5-2. Inventory of Items Seized Without Search Warrant to Be Given to Person Arrested and Judicial Officer Before Whom Person Arrested Taken; Return of Items

 An inventory of all instruments, articles, or things seized in a search without a search warrant shall be given to the person arrested and a copy thereof delivered to the judicial officer before whom the person arrested is taken. If the person arrested is released without a charge being preferred against him, all instruments, articles, or things seized, other than contraband or stolen property, shall be returned to him upon release.   (Ga. L. 1966, p. 567, § 2.)   Law reviews.   - For comment on warrantless search of defendant's home, see 41 Emory L.J. 321 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Inventory Search Rationale   Consent to General Searches    RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, § 312 et seq.
GA Code § 17-5-22 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-22. Issuance of Search Warrants by Judicial Officers Generally; Maintenance of Docket Record of Warrants Issued

 All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting. Such warrants need not bear the seal of the court or clerk thereof.The warrant, the complaint on which the warrant is issued, the affidavit or affidavits supporting the warrant, andthe returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time the warrant has been executed or has been returned "not executed"; provided, however, that the judicial officer shall keep a docket record of all warrants issued by him, and upon issuing any warrant he shall immediately record the same, within a reasonable time, on the docket.   (Ga. L. 1966, p. 567, § 4; Ga. L. 1992, p. 1328, § 1; Ga. L. 2014, p. 866, § 17/SB 340.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, §§ 176 et seq., 185, 193 et seq., 211 et seq., 342.   ALR.    - Power to issue warrant for search of train, 7 A.L.R. 121.    Civil liability for improper issuance of search warrant or proceedings thereunder, 45 A.L.R. 605.    Proceeding to obtain search warrant as judicial proceeding within rule of privilege in libel and slander, 58 A.L.R. 723.   Search warrant: sufficiency of showing as to time of occurrence of facts relied on, 100 A.L.R.2d 525.   Disputation of truth of matters stated in affidavit in support of search warrant - modern cases, 24 A.L.R.4th 1266.
GA Code § 17-5-23 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-23. Command of Search Warrant

 The search warrant shall command the officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things particularly described in the search warrant.   (Ga. L. 1966, p. 567, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, § 299 et seq.   ALR.   - Propriety and legality of issuing only one search warrant to search more than one place or premises occupied by same person, 31 A.L.R.2d 864.   Books, documents, or other papers: seizure under search warrant not describing such items, 54 A.L.R.4th 391.   Sufficiency of description in warrant of person to be searched, 43 A.L.R.5th 1.
GA Code § 17-5-25 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-25. Execution of Search Warrant Generally

 The search warrant shall be executed within ten days from the time of issuance. If the warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are seized; or, if no person is available, the copy shall be left in a conspicuous place on the premises from which the instruments, articles, or things were seized. Any search warrant not executed within ten days from the time of issuance shall be void and shall be returned to the court of the judicial officer issuing the same as "not executed."   (Ga. L. 1966, p. 567, § 6.)   OPINIONS OF THE ATTORNEY GENERAL   Information must be under 11 days old.   - Information submitted to the judicial officer as probable cause for the issuance of a search warrant should not be more than ten days old. 1969 Op. Att'y Gen. No. 69-172.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, §§ 236, 237, 299 et seq.   C.J.S.   - 79 C.J.S., Searches and Seizures, §§ 182 et seq., 193 et seq., 231 et seq., 251 et seq.   ALR.    - Preventing, obstructing, or delaying service or execution of search warrant as contempt, 39 A.L.R. 1354.   Propriety of execution of no-knock search warrant, 59 A.L.R.6th 311.
GA Code § 17-5-26 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-26. When Search Warrant May Be Executed

 The search warrant may be executed at any reasonable time.   (Ga. L. 1966, p. 567, § 11.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, §§ 189, 302, 303, 309 et seq.   ALR.   - Propriety of execution of search warrant at nighttime, 41 A.L.R.5th 171.
GA Code § 17-5-28 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-28. Detention and Search of Persons on Premises

 In the execution of the search warrant the officer executing the same may reasonably detain or search any person in the place at the time:    To protect himself from attack; or   To prevent the disposal or concealment of any instruments, articles, or things particularly described in the search warrant.    (Ga. L. 1966, p. 567, § 9.)   Law reviews.   - For annual survey of criminal law and procedure, see 41 Mercer L. Rev. 115 (1989).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Types of Searches   Construction of Warrants   Practice and Procedure    RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, §§ 176 et seq., 238 et seq., 260, 278.   ALR.   - Propriety of search of nonoccupant visitor's belongings pursuant to warrant issued for another's premises, 51 A.L.R.5th 375.
GA Code § 17-5-29 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-29. Written Return of Items Seized; Filing and Signing of Inventory; Delivery of Copies of Inventory

 A written return of all instruments, articles, or things seized shall be made without unnecessary delay before the judicial officer named in the warrant or before any court of competent jurisdiction. An inventory of any instruments, articles, or things seized shall be filed with the return and signed under oath by the officer executing the warrant. The judicial officer or court shall, upon request, deliver a copy of the inventory to the persons from whom or from whose premises the instruments, articles, or things were taken and to the applicant for the warrant.   (Ga. L. 1966, p. 567, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, §§ 236, 237.   ALR.    - Jurisdiction to quash search warrant and order return of property seized in liquor cases under federal statutes, 65 A.L.R. 1246.    Presence of liquor in vehicle at the time of search and seizure as condition of forfeiture for violating prohibition law, 71 A.L.R. 911.
GA Code § 17-5-31 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-31. Quashing Warrant or Suppressing Evidence Because of Technical Irregularity Not Affecting Substantial Rights of Accused

 No search warrant shall be quashed or evidence suppressed because of a technical irregularity not affecting the substantial rights of the accused.   (Ga. L. 1966, p. 567, § 12; Ga. L. 1990, p. 8, § 17.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, § 584.   ALR.    - Admissibility of evidence obtained by illegal search and seizure, 24 A.L.R. 1408; 32 A.L.R. 408; 41 A.L.R. 1145; 52 A.L.R. 477; 88 A.L.R. 348; 134 A.L.R. 819; 150 A.L.R. 566; 50 A.L.R.2d 531.    Right to enforce production of papers or documents by subpoena duces tecum or other process, as affected by unlawful means by which the knowledge of their existence was acquired, 24 A.L.R. 1429.   Modern status of rule governing admissibility of evidence obtained by unlawful search and seizure, 50 A.L.R.2d 531.   Propriety of execution of search warrant at nighttime, 26 A.L.R.3d 951; 41 A.L.R.5th 171.
GA Code § 17-5-52 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 3 - Disposition of Property Seized|§ 17-5-52. Disposition of Weapons Used in Commission of Crime or Delinquent Act Involving Possession; Civil Forfeiture

 When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. Within one year after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall return or sell the weapon as provided in Code Section 17-5-54, or if the weapon or device is subject to forfeiture, the procedures set forth in Chapter 16 of Title 9 shall be followed notwithstanding the time frames set forth in Code Section 9-16-7. A state attorney seeking forfeiture under this Code section shall commence civil forfeiture proceedings within 60 days of the entry of a final judgment as contemplated by this Code section; the remaining provisions of Chapter 16 of Title 9 shall be applicable.   (Ga. L. 1967, p. 749, § 3; Ga. L. 1976, p. 167, § 1; Ga. L. 1994, p. 963, § 2; Ga. L. 2008, p. 344, § 1/HB 333; Ga. L. 2012, p. 1285, § 3/SB 350; Ga. L. 2015, p. 693, § 3-15/HB 233.)   Editor's notes.   - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."   Law reviews.   - For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For note on the 1994 amendment of this Code section and Code Section 17-5-51, see 11 Ga. St. U.L. Rev. 157 (1994).   JUDICIAL DECISIONS    Cited in Cannington v. State, 154 Ga. App. 557, 269 S.E.2d 62 (1980).   RESEARCH REFERENCES   Am. Jur. 2d.   - 36 Am. Jur. 2d, Forfeitures and Penalties, § 14 et seq. 79 Am. Jur. 2d, Weapons and Firearms, § 1 et seq.   C.J.S.   - 37 C.J.S. (Rev), Forfeitures, § 1 et seq. 94 C.J.S., Weapons, § 70 et seq.   ALR.   - Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738.
GA Code § 17-5-53 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 3 - Disposition of Property Seized|§ 17-5-53. Disposition of Devices With Historical or Instructional Value

  After a forfeiture of a device used in a crime, in the event the director of the Division of Archives and History or the commissioner of public safety, in that order or priority, shall desire to receive and retain a device described in Code Section 17-5-51 for historical or instructional purposes of his or her division or department and gives written notice thereof to the sheriff, either prior to the sheriff's advertisement of the device for sale or within ten days thereafter, the sheriff shall forthwith deliver the device to the requesting division or department which shall retain the device for such purposes. A device delivered to either the division or the department in accordance with this Code section shall become the property of the state.   This Code section shall prevail over Code Section 17-5-52.    (Ga. L. 1976, p. 749, § 4; Ga. L. 2002, p. 532, § 5.)   Cross references.   - Division of Archives and History generally, § 45-13-40 et seq.   RESEARCH REFERENCES   Am. Jur. 2d.   - 36 Am. Jur. 2d, Forfeitures and Penalties, § 14 et seq.   C.J.S.   - 37 C.J.S. (Rev), Forfeitures, § 1 et seq.
GA Code § 17-5-70 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 4 - Investigating Sexual Assault|§ 17-5-70. Definitions

 As used in this article, the term:    "Forensic medical examination" means an examination by a health care provider of a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and collection of physical evidence from the victim.   "Investigating law enforcement agency" means the law enforcement agency responsible for the investigation of the alleged sexual assault.   "Sexual assault" means rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, sexual assault against a person in custody, sexual assault against a person detained in a hospital or other institution, sexual assault by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and aggravated sexual battery as those terms and offenses are set forth and defined in Chapter 6 of Title 16.     (Code 1981, §17-5-70, enacted by Ga. L. 2008, p. 486, § 3/HB 1297.)
GA Code § 17-5-71 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 4 - Investigating Sexual Assault|§ 17-5-71. Preservation of Evidence

  In cases in which the victim reports an alleged sexual assault to law enforcement, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of an alleged sexual assault, for 30 years from the date of arrest, or seven years from completion of sentence, whichever occurs last, and if no arrests, then for 50 years.   If the victim chooses not to report the alleged sexual assault to law enforcement at the time of evidence collection, the law enforcement agency with jurisdiction shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected.     (Code 1981, §17-5-71, enacted by Ga. L. 2008, p. 486, § 3/HB 1297; Ga. L. 2019, p. 721, § 1/HB 282; Ga. L. 2021, p. 567, § 3/HB 255.)    The 2019 amendment,  effective July 1, 2019, in subsection (a), substituted "In cases in which the victim reports an alleged sexual assault to law enforcement" for "Except as otherwise provided in subsection (b) of this Code section or Code Section 17-5-55 or 17-5-56, on or after May 12, 2008" at the beginning, and substituted "30 years from the date of arrest, or seven years from completion of sentence, whichever occurs last, and if no arrests, then for 50 years" for "ten years after the report of the alleged sexual assault" at the end.    The 2021 amendment,  effective July 1, 2021, substituted "victim chooses not to report the alleged sexual assault to law enforcement at the time of evidence collection, the law enforcement agency with jurisdiction" for "victim does not cooperate with law enforcement in the investigation or prosecution of an alleged sexual assault, the investigating law enforcement agency" near the beginning of subsection (b).   Editor's notes.   - Ga. L. 2021, p. 567, § 1/HB 255, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Sexual Assault Reform Act of 2021."'   Law reviews.   - For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 51 (2019).