GA Code § 35-2-32 (2021)
2021 Georgia Code|Title 35 - Law Enforcement Officers and Agencies|Chapter 2 - Department of Public Safety|Article 2 - Georgia State Patrol|§ 35-2-32. Jurisdiction; Primary Duty; Patrolling of Safety Rest Areas and Welcome Centers

  The Uniform Division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law.   It shall be the primary duty of the Uniform Division to patrol the public roads and highways of this state, including interstate and state maintained highways, and to safeguard the lives and property of the public; and such duty shall also include accident investigation and traffic enforcement. The Uniform Division shall prevent, detect, and investigate violations of the criminal laws of this state, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws.   Without limiting the generality of any other provisions of this article, it is specifically provided that the Uniform Division shall have jurisdiction to patrol safety rest areas and welcome centers located on or adjacent to the state highway system for the purposes of:(1)enforcing the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles; (2) enforcing the criminal laws of this state; and (3) enforcing the laws of this state and the regulations of the Department of Transportation with respect to the use of such safety rest areas and welcome centers.The limitations of paragraph (5) of subsection (a) of Code Section 35-2-33 shall not apply with respect to enforcement in safety rest areas and welcome centers.    (Ga. L. 1937, p. 322, art. 2, § 14; Ga. L. 1950, p. 77, § 1; Ga. L. 1970, p. 577, § 1; Ga. L. 1981, p. 1450, § 1; Ga. L. 1990, p. 1329, § 1.)   Cross references.   - Powers and duties of Uniform Division upon and within the limits of Jekyll Island, § 12-3-236.1.   JUDICIAL DECISIONS   Error for court not to instruct jury on "good faith" defense in false imprisonment trial.    - Since, during the trial of a state patrolman for false imprisonment, it appeared from the evidence that the patrolman's sole defense was that the patrolman made the arrest for drunkenness upon the public highway without a warrant because the patrolman, in good faith, had probable cause to believe that the offense was being committed in the patrolman's presence, a failure to instruct the jury on a good faith defense was an error, requiring the grant of a new trial. Henderson v. State, 95 Ga. App. 830, 99 S.E.2d 270 (1957).    Cited in Strong v. State, 246 Ga. 612, 272 S.E.2d 281 (1980); Allison v. State, 188 Ga. App. 460, 373 S.E.2d 273 (1988).   OPINIONS OF THE ATTORNEY GENERAL   Parameters of statutory authority.   - When the function to be performed involves something other than the enforcement of traffic and motor vehicle laws, the enforcement of criminal laws on state property, or apprehending fugitives, some further requirement is necessary to authorize the activity; that further requirement may be either the Governor's direction to suppress riots or labor strikes or assist in a criminal case investigation, a local law enforcement request for assistance in a criminal matter, or the failure to prevent or detect a criminal act because of the unavailability of a local law enforcement officer at the time. 1987 Op. Att'y Gen. No. 87-14.   Authority within local jurisdictions.   - Local law enforcement agency may not prevent the state patrol from investigating accidents on public roads and highways within the jurisdiction of the local agency. 1997 Op. Att'y Gen. No. 97-4.   State Patrol cannot enforce traffic laws in Fort Benning Reservation.    - Provisions of O.C.G.A. §§ 35-2-32 and35-2-33 do not give the Georgia State Patrol authority to enforce traffic laws on that portion of U.S. 27 and U.S. 280 running through Fort Benning Reservation. 1981 Op. Att'y Gen. No. 81-83.   Traffic control at sporting events.   - To safeguard the lives and property of the public, the Uniform Division is authorized to provide traffic enforcement and control on public roads and highways affected by large crowds at sporting events such as football games at state universities. 1987 Op. Att'y Gen. No. 87-14.   Providing security at sporting events.    - If none of the triggering mechanisms for invoking the Uniform Division's authority is present, the Uniform Division is without authority to provide security for coaches and players or crowd control at professional, college, and high school sporting events in Georgia. 1987 Op. Att'y Gen. No. 87-14 (rendered prior to the 1988 amendment to O.C.G.A. § 35-2-33).   If a coach or anyone else is attacked in the presence of a trooper and there is no local law enforcement officer immediately available to respond, the trooper is a sworn officer and has a duty, recognized by statute, to intervene to stop the criminal act and arrest the attacker; in so doing, the trooper is acting within the scope of employment, and, under the terms of the present policy, is entitled to insurance coverage. However, there is no authority for the Uniform Division to provide private security, within or without the boundaries of Georgia. 1987 Op. Att'y Gen. No. 87-14.    Authority to control, manage, and close public highways is vested in the Department of Transportation,  not the Department of Public Safety. 1973 Op. Att'y Gen. No. 73-184.   Advertising campaign designed to promote safe and sane driving within section's purview.   - This section clearly makes it the duty of the state patrol to endeavor to prevent criminal offenses from being committed on the highways, and, in addition, to safeguard the lives and property of the public; an advertising campaign designed to promote safe and sane driving would come within the purview of this section. 1945-47 Op. Att'y Gen. p. 601.    It is the duty and responsibility of the state patrol to enforce safety inspection laws  in regard to dealers of used motor vehicles. 1967 Op. Att'y Gen. No. 67-204.   Authority of trooper in another state.   - Member of the Uniform Division on official department business in another state has such law enforcement authority while there as the law of that state may confer upon the member. 1987 Op. Att'y Gen. No. 87-14.   County sheriff not required to investigate accident on private property.   - There is no specific statutory mandate which would require a county sheriff to investigate an accident occurring on private property. 1968 Op. Att'y Gen. No. 68-206.   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 45 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 79 et seq.