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§ 17-4-60. Grounds for arrest

A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.

NO. However, checkpoints may be installed on private property. Georgia code 17-4-60 covers citizens arrest in the state of Georgia. It is often misinterpreted to say that a private person (this includes security guards) may only arrest you for a felony. A thorough reading of the code tells us that you may be arrested by a private person if you commit a crime ( the code uses the synonym "offense") in that persons presence. This applies to any crime. The burden is that the offense must have been committed within the persons "presence or immediate knowledge". The statute then goes on to reduce the burden for arresting someone for a felony. The code states that if a person who has committed a felony is "escaping or attempting to escape" you may arrest them upon "reasonable and probable grounds of suspicion". This is a lesser standard than "within their presence or immediate knowledge" and reflects the increased harm felonies represent. This code is so often misinterpreted to only cover felonies because felonies are mentioned and misdemeanors are not. Instead misdemeanors are lumped in with felonies when the code references "offense". Further reading of subsequent code tells you what a private person must do once he has arrested the offender.

Now, as far as citations Ga. code does not provide for arrest by citation by private persons, however when said private person transfers you over to police custody the responding officer may elect to cite you rather than transport you. Private security does however often issue various "tickets" that are only as binding as your relationship with the issuing authority. For example if you visit your friend at his apartment and apartment security issues you a "ticket" for illegal parking the only recourse they have is to tow you or issue you a criminal trespass warning if they can find you. Conversely if your friend who lives there and registered his car with mgmt parks illegally they will probably add the fine to his rent per his rental contact and not accept rent without the fine. Mgmt may also boot your car regardless if you are a tenant and exact their fine as an impound "fee". Similarly a campus police officer wears two hats if a student is caught illegally parked or committing some other minor infraction he may elect to issue a campus citation because he knows unless you pay it you can not re-enroll, graduate, request transcripts etc... Campus security are also able to issue a campus or institutional citation. However the campus police officer can also issue you a state citation that is like the one any other police dept. would give you. This is more likely if you have no institutional affiliation. Campus security can not. Again you may be booted on some campuses. Additionally you may now see parking "tickets" issued by private entities when you park without paying the meter etc.. on private property such as Atlantic Station in Atlanta. If you look closely these documents, which look deceptively like city parking tickets are actually invoices for parking fees. Again, no legal hassle if you do not pay but do it often enough and you may get booted.

As a side note when dealing with government employees, even ones placarded as "security" be aware that in a few instances state law gives the "color of law" power of arrest. Two examples are lake lanier islands authority, and state university system security.

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