Georgia Arrest Warrant Laws and Regulations

What is an arrest warrant? A warrant is a document that contains the justification to arrest a person, search a person’s property, or seize his/her belongings. A valid warrant issued by an authorized body gives a police officer the right to arrest, search, or seize.

An arrest warrant issued by the court allows a law enforcement officer to detain a person. This warrant is issued when a crime has been committed and there exists a reasonable belief that the person named in the arrest warrant was involved in the crime.

Georgia Arrest Warrant Laws

Georgia arrest warrant laws follow the dictates of the Fourth Amendment to the U.S. Constitution. A Georgia arrest warrant is considered to be legal if it has been issued on the basis of a probable cause. This probable cause is a reasonable belief that a crime has been or is being committed and that the person named in the warrant was or is involved in it; the belief should also be substantiated by tangible evidence. When a person has to be arrested, a judge writes and signs a “warrant” that has to be carried out by the law enforcement officer.

A warrant is deemed null and void if it is based on objectionable or false evidence. It is also considered illegal if it had been obtained on the basis of untrue or misguiding statements to the judge. If a warrant is later on proved to be invalid, then the person arrested on the basis of it must be released. The evidence obtained during the arrest can also not be used at trial.

A person arrested by the Georgia police is safeguarded by constitutional rights. Under the Miranda Rule, an arrestee has these rights: remain silent, have an attorney represent him, or be provided with an attorney to represent him if he cannot afford one. However, the Miranda Rights are not applicable if the police have not taken the person to custody and are just questioning him/her.

Exceptions to Georgia Arrest Warrant Requirements

There are however, some exceptions to the above-mentioned Georgia arrest warrant requirements. A police officer may make an arrest without a valid warrant if there exists a probable cause for carrying out this action and the delay in acquiring a warrant might endanger human life or lead to the offender escaping.

There are certain other circumstances that justify warrant-less arrests: a person may waive his Fourth Amendment rights and consent to a warrant-less arrest. Also, a felony arrest may be made in a public area without a warrant, if the arresting officer has a reasonable conviction that the suspect committed the crime.

On the contrary, felony arrests in private properties require warrants, unless the arresting officer is in “Hot Pursuit” of an escaping felon. The Fourth Amendment also considers legal all arrests made without warrants, for instances of misdemeanors that had occurred in the presence of a police officer.

Apart from police officers, private citizens may also carry out arrests. “Citizen’s arrests” are applicable only in cases of serious offenses like felonies and gross misdemeanors. The citizen carrying out the arrest should have a reasonable belief that the arrestee committed the crime. Witnessing the crime is usually considered a justifiable cause for making the arrest.

Accessing Georgia Arrest Warrant Records

As per the guidelines laid down by the Freedom of Information Act, Georgia arrest warrant records are accessible to the public. However, the Georgia arrest warrant records involving juveniles are not made public. So also are arrest warrant records that are considered sealed by the court or those that have been expunged.

The Central Records System maintained, supervised, and regulated by the Federal Bureau of Investigation (FBI) contains such records and you may look through them at http://foia.fbi.gov/foiaindex/foiaindex.htm. You may also search for Georgia arrest warrant records at the FBI’s Reading Room located at FBIHQ, 935 Pennsylvania Avenue NW, Washington DC between 8:30 a.m. and 2:30 p.m. You will however, have to reserve your time 48 hours beforehand, by calling at (202) 324-4682. 

You may also mail a request to view a Georgia arrest warrant record to FBI, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843. All Georgia arrest warrant records are also available on CDs, each priced at $15.

Knowing about the requirements of a Georgia arrest warrant will help ensure that your constitutional rights are protected. You must also know where to search for Georgia arrest warrant records so that you may check the credibility of a suspicious individual.