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When a warrantless arrest occurs based on information provided by a confidential informant or anonymous source, for the arrest to be lawful, the police must establish that the information relied on in making the arrest meets the same two basic elements described above. At a post arraignment hearing the police must:
Georgia v. Randolph , 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant , police had no constitutional right to search a house where one resident consents to the search while another resident objects.
a credible complaint has been made or a reasonable suspicion exists, and an arrest is necessary to prevent further criminal activity or promote the criminal investigation; a person has been declared a criminal by an authorized state authority. Section 35 specifically bars arrests of persons who are infirm or over the age of 65 without a warrant.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
Based on this surveillance and information from a second informant, a detective wrote an affidavit and a judge issued a search warrant. The police conducted the search, but the search warrant was later found to be invalid because the police lacked the probable cause for a warrant to be issued in the first place.
Gov. Brian Kemp plans to sign a repeal of Georgia's Civil War-era citizen’s arrest law on Monday, a year after the fatal shooting of Ahmaud Arbery, a Black man pursued by white men who said they ...
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The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution, the U.S. Code, the Code of Federal Regulations, and the state's constitution. It is to the state what the U.S. Code is to the federal ...