Durden v. State

In Durden v. State, 250 Ga. 325, 326 (297 SE2d 237) (1982), the Supreme Court addressed the above-emphasized "failure of justice" exigent circumstance in OCGA 17-4-20 (a). Durden pointed out that the standard for determining whether a warrantless arrest is valid under the U. S. Constitution is "probable cause," and that, "under this standard an arrest is constitutionally valid if, at the moment the arrest is made, the facts and circumstances within the knowledge of the arresting officers and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the accused had committed or was committing an offense." Id. at 326. Durden also held that, if an officer in the presence or vicinity of the accused acquires "probable cause" to arrest the accused under the above federal standard, and the officer fails to make the arrest, "there is likely to be a failure of justice" as set forth in OCGA 17-4-20 (a) if the officer is required to delay the arrest until a judicial officer issues a warrant. Id. at 327. In other words, Durden found that, when an officer acquires probable cause to make a valid warrantless arrest under the U. S. Constitution, then exigent circumstances also exist for a warrantless arrest under OCGA 17-4-20 (a).