Duty of Marshal
To arrest defendant
Bring him before a competent judicial officer of the State.
Definition:
Writ or precept from a competent authority in pursuance of law, directing the doing of an act and addressed to an officer or a person competent to do the act and affording him protection from damage if he does it (People v. Wood)
Service Guides
- Check for signatures of judge, clerk, and prosecutor; if missing, return to Warrant Division. Should be stamped “ENTERED” in red
- Read charge; make sure it corresponds with incident described in affidavit
- Verify address; check map book to determine accuracy.
- Verify description of defendant; make sure it’s complete.
- check if defendant has any other address.
- On DV warrants read info sheet attached to warrant for additional info
- When executing @ places of business; info given will be on need to know basis to manger or owner
Stalking/Aggravated Stalking warrants
For charge to be aggravated, a bond to keep the peace posted to OCGA 17-6-110 considered a TPO or TRO must be attached to warrant
Non-incarcerator arrest/If defendant is not home:
- fill out PINK CARD w/ all required information
- leave it in a prominent place (doorjamb or some other location where it will be visible)
- if someone other then defendant is home, leave the card with that person
- Return warrant to the warrant division with proper information attached on the green sheet
Non-Incarcerator Arrests/ Defendant is home:
- Identify yourself
- explain to him/her that you have an arrest warrant for the person in question and want to clear the situation up without placing them in the county jail
- Complete the appropriate color-coded card explaining all information about the charges and the court date
- complete description of defendant if not already on the warrant
Color-coded cards
Blue card: S. Magistrate Court, 5600 Stonewall Tale Rd.
Yellow card: Magistrate Central Court, 185 Central Ave.
Green card: N. Magistrate Court, 7741 Roswell Rd.
If Warrant is a magistrate central warrant; contact “400” for next available court date advise them of type of warrant involved
If North or S. Magistrate Court warrant; set court date 1 week from the date of contact at 8:30 hours in the appropriate court
Non-incarcerator arrest (cont):
Make sure defendant understands they must personally appear in court at time and date on the card.
Mark court date on face of warrant in first available box at bottom of page under the slash mark
Notify prosecutor of court date
Return warrant to warrant division fill out all info on green sheet
Incarceration arrest
A minimum of 2 deputies will be required to serve an ARREST ONLY WARRANT
IF ANY firearms or aggravated circumstances I are noted in affidavit, more deputies will be required
1st thing in mind, depriving person of liberty. Procedure and professionalism is key
Serving arrest only warrant
When arrived at address on warrant take a few minutes to look at surrounding buildings/apartments
determine safe avenue of approach to house/apartment
approach location with minimal amount of noise
review description of defendant
notify radio of exact location
Serving arrest only warrant (con’t)
Stop at entrance and listen for any activity inside (determine if defendant present or if number of ppl or present)
Knock on door and announce Fulton County Marshall with a warrant (until you are acknowledged)
identify defendant )positive ID must be made as quickly as possible);place them immediately under arrest (must be said “you are under arrest”) handcuff and search defendant quickly
Arrest only warrants (con’t)
Remove defend it from premises ASAP to avoid altercations from friends and family
Place defendant in the vehicle and secure him with seatbelt
If no threats exist take time to explain to those concerned with defendant will be taken and approximately how long before they can make bond for defendant
Normal processing should be 2 to 4 hours or longer
Arrest only warrants (con’t)
When defendant is safely secured in vehicle, explain charges against defendant and amount of the bond
read affidavit and answer any questions they may have
do not give legal advice
Arrest only warrants (con’t)
Notify communications of transport status
get a case number
give starting and ending mileage when you reach the jail
complete warrant by signing as arresting deputies and date
remove green sheet and fill out all info required
makE sure defendants name, warrant number and DOB are on green sheet
complete all information on GCIC form (arrest form)
Arrest only warrants (con’t)
Once at jail remove all weapons and secure them in vehicle before entering
take warrant and GCIC form into holding area
have receiving Deputy sign for the defendant on GCIC sheet and return it to office
leave the warrant with the receiving deputy
Arrest only warrants (con’t)
Back at office place green sheet in proper bin in Warrant division
give GCIC form to report clerk; contact prosecutor
inform them that warrant has been served and they should appear in court the following morning unless defendant makes bond or following day falls on a weekend
Forced entry
Notify supervisor immediately and call for additional units
No entry will be made w/o presence of warrant division supervisor or his immediate designee
Try front and rear doors, check windows and other points of entry/exit, announce several times
Must be positive evidence that wanted individual is physically in the residence ;cannot be suspicion, must be fact that Deputy knows personally or has gained through information from neighbors/family members
Forced entry (con’t)
Detailed report should be made at the entry and turned in by end of shift include:
-circumstances that led officer to believe person
was in the residence
- general estimate of amount of damage sustained
- types of tools used to gain entry
