Recently Atlanta has begun a police walkout, in which the police in certain zones are no longer able to respond to the majority of calls. In case something like this happens where I live, are there policies in place that a business or home owner needs to know in case of a break in? In particular if I stop someone at gunpoint, am I allowed to now hold or transport a person I find breaking and entering if the police cannot come to take them? Do I just let them go?

1 Answer 1


Georgia law statutorily recognizes the common law right of citizen's arrest in OCGA 17-4. 17-4-61 requires you to take the arrestee before a judicial officer, or to deliver him to the police.

A private person who makes an arrest pursuant to Code Section 17-4-60 shall, without any unnecessary delay, take the person arrested before a judicial officer, as provided in Code Section 17-4-62, or deliver the person and all effects removed from him to a peace officer of this state.

You must do so immediately, and the person must be released if they are not brought before a judicial officer within 48 hours.

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