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Case Law & Resources: Georgia

Citation

Issue Presented & Facts

Hayes v. State, 261 Ga. 439 (1991)

Whether the defendants were in the process of making a valid citizen arrest at the time of a shooting that resulted in a death such that the defendants have a valid affirmative defense.

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The Defendants testified that they were in the process of making a citizen arrest of a neighborhood drug dealer that had previously threatened one of the defendants and his family. At the scene, the defendants encountered a 15-year old who, according to testimony, made a sudden move. The defendants shot the victim several times. The defendants were convicted of felony murder and malice murder, respectively, and sentenced to life imprisonment at the lower court.

Holding

Use of deadly force in effecting arrest is limited to self-defense or to situation in which it is necessary to prevent forcible felony.

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Reference to Ga. Code Ann., § 17-4-20.

Case Law

Resources

Citation

Use of Force in Georgia (2014)

Summary and Notes

A paper by the Peace Officers' Association Foundation of Georgia, Inc., that attempts to define the problems associated with the use of force used by peace officers in Georgia.

Relevant Excerpt

N/A

GACP Sample Law Enforcement Operations Manual - Chapter 11 (2019)

​Model law enforcement operations model prepared by the Georgia Association of Chiefs of Police, which does not address any de-escalation approaches or verbal or similar warning before shooting (though it does address warning shots and verbal warnings before using electric control devices).

Warning shots are permitted but should only be used in exceptional circumstances where it might reasonably be expected to avoid the need to use deadly force. Warning shots shall be directed in a manner that minimizes the risk of injury to innocent persons, ricochet dangers, and property damage.

If practical, a verbal warning should be issued to the subject that the (ECD Brand) will be deployed if they do not comply. The verbal warnings should be announced to let others know the (ECD Brand) is being deployed.

ADP.SOP.3010 (2020)

Establishes the policy and procedure governing the use of force by employees of the Atlanta Police Department.

(1) An employee may use deadly force to apprehend a suspected felon only when: Where feasible, some warning has been given.

(2) De-escalation techniques shall be continuously developed, updated and made part of the continuing training delivered to all police officers by the training academy. All employees present during a police/citizen contact will make every effort throughout the entire encounter to de-escalate a situation in order to prevent the use of deadly force.

Columbus Division of Police Publications 2.01 (Effective August 1, 1987; Revised July 12, 2020)

Establishes the policy and procedure governing the use of force by employees of the Columbus Division of Police.

Sworn personnel shall attempt to de-escalate a situation by using trained techniques, such as building rapport, communication skills, maintaining a safe distance, utilizing a barrier, etc., when it is safe to do so.

If reasonable, sworn personnel should give a verbal warning of the intention to use deadly force.

Not Trained Not to Kill by Curtis Gilbert (May 5, 2017)

Article re how most states neglect ordering police to learn de-escalation tactics to avoid shootings with particular attention on Georgia (among others).

In Georgia, one of the states that until recently did not have mandatory in-service de-escalation training for police, most police departments and sheriffs' offices have little, if any, de-escalation training. Most — 385 of the 582 — departments analyzed had fewer than one hour per officer over the past five years. The ones with training are scattered from the urban Atlanta area to rural parts of the state. Starting this year, however, all officers will be required to take one hour of de-escalation training annually.

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