Policy

Question 0

Duty of Marshal

Answer 0

To arrest defendant

Bring him before a competent judicial officer of the State.

Question 1

Definition:

Answer 1

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)

Question 2

Service Guides

Answer 2

1. Check for signatures of judge, clerk, and prosecutor; if missing, return to Warrant Division. Should be stamped “ENTERED” in red
2. Read charge; make sure it corresponds with incident described in affidavit
3. Verify address; check map book to determine accuracy.
4. Verify description of defendant; make sure it’s complete.
5. check if defendant has any other address.
6. On DV warrants read info sheet attached to warrant for additional info
7. When executing @ places of business; info given will be on need to know basis to manger or owner

Question 3

Stalking/Aggravated Stalking warrants

Answer 3

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

Question 4

Non-incarcerator arrest/If defendant is not home:

Answer 4

1. fill out PINK CARD w/ all required information
2. leave it in a prominent place (doorjamb or some other location where it will be visible)
3. if someone other then defendant is home, leave the card with that person
4. Return warrant to the warrant division with proper information attached on the green sheet

Question 5

Non-Incarcerator Arrests/ Defendant is home:

Answer 5

1. Identify yourself
2. 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
3. Complete the appropriate color-coded card explaining all information about the charges and the court date
4. complete description of defendant if not already on the warrant

Question 6

Color-coded cards

Answer 6

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

Question 7

Non-incarcerator arrest (cont):

Answer 7

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

Question 8

Incarceration arrest

Answer 8

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

Question 9

Serving arrest only warrant

Answer 9

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

Question 10

Serving arrest only warrant (con’t)

Answer 10

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

Question 11

Arrest only warrants (con’t)

Answer 11

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

Question 12

Arrest only warrants (con’t)

Answer 12

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

Question 13

Arrest only warrants (con’t)

Answer 13

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)

Question 14

Arrest only warrants (con’t)

Answer 14

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

Question 15

Arrest only warrants (con’t)

Answer 15

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

Question 16

Forced entry

Answer 16

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

Question 17

Forced entry (con’t)

Answer 17

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