The "Authorization of Arrest" sub-section of this guide articulates the requirements for a lawful arrest in Georgia, as well as how Georgia follows the Probable Cause Standard for arrest required by the Constitution,
In the state of Georgia, an arrest is authorized if, at the time of the arrest, the arresting officer has probable cause to believe the accused has committed or is committing an offense. Probable cause exists if the arresting officer has knowledge and reasonably trustworthy information about facts and circumstances sufficient for a prudent person to believe the accused has committed an offense. Hudson v. State, 353 Ga. App. 223; § 15-5. Probable cause.
Probable cause can be based on the collective knowledge of multiple police officers, especially when there is some degree of communication between them. Davis v. State, 304 Ga. App. 355. In some cases, a valid consent to search can eliminate the need for both probable cause and a search warrant; however, the state has the burden of showing that the consent was voluntary and not the result of express or implied duress or coercion. Payne v. State, 244 Ga. App. 734.
In the context of vehicle stops, specific and articulable facts, along with rational inferences drawn from them, can provide the requisite articulable suspicion to warrant an investigative stop and detention. Brown v. State, 278 Ga. 724. Furthermore, when articles are in plain view without a search and are in sufficient connection with the totality of the circumstances to constitute probable cause for the belief that a crime is being committed in the police officers’ presence, the arrest is valid and the search incident thereto is reasonable. 17-5-1. Search pursuant to lawful arrest authorized.
Authorization of Arrest: O.C.G.A 17-4-20 (a)
a. An arrest for a crime may be made by a law enforcement officer:
Under a warrant; or
Without a warrant if:
A. The offense is committed in such officer's presence or within such officer's immediate knowledge;
B. The offender is endeavoring to escape;
C. The officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed;
D. The officer has probable cause to believe that the offender has violated a criminal family violence order, as defined in Code Section 16-5-95; provided, however, that such officer shall not have any prior or current familial relationship with the alleged victim or the offender;
E. The officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or
F. For other cause there is likely to be failure of justice for want of a judicial officer to issue a warrant.
ADDITIONAL RESOURCES