Asked in Criminal Law for Georgia

Q: If my arrest warrant attached Affidavit does not provide any information on How officer knows defendant committed crime

Affidavit does not provide any information on why officer believes this occurred?

That is upon what do officer base his belief?

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1 Lawyer Answer
Glenn T. Stern
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Answered

A: Under Georgia law (OCGA 17-4-45), an affidavit in support of an arrest warrant is only required to identify the county where the affidavit is being filed; the name of the person making the affidavit; a statement affirming that the affiant is making the affidavit under oath; the name of the person for which the warrant is sought against; a description of the offense, including when and where it happened, and the signature of the affiant.

As you can see, for purposes of securing an arrest warrant, there is no requirement for an officer to explain how the officer came to believe that the suspect committed the crime, or what the defendant's motive may have been.

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