A Polk County Sheriff’s Deputy was briefly jailed on several charges.

A Polk County deputy was jailed overnight after he was accused of drunkenly entering another person’s house that he thought was his own.

According to Cedartown Police Chief Jamie Newsome:

Noel Smith, 46, of a Cedartown address, was released on recognizance bond of $3,000 Sunday. He is facing charges of public intoxication, simple battery and criminal trespass following the incident early Sunday morning.

Newsome said Smith went into a North Cave Spring Street residence at around midnight, drunk and believing the house was his.

When the homeowner began arguing with Smith and told him to leave, Newsome said, a “verbal and physical exchange” occurred. Smith then shut himself into a rear bedroom and prepared to go to sleep.

“There were no injuries, but there was some tugging and pulling before the homeowner went outside and called 911,” Newsome said.

Newsome and Polk Chief Deputy Jonathan Blackmon spoke to Smith before he was taken into custody, and later went and spoke with the homeowner.

Smith, a longtime deputy, works in the courthouse, according to Sheriff Johnny Moats.

Moats said Sunday he had not taken any action against Smith but he would be following up on the arrest.

“He’s not above the law, none of my officers are,” Moats said. “When any law enforcement officer commits a crime, they have to be treated like civilians.”

The sheriff said he had not spoken with Smith since his arrest, but he expected to do so Monday morning.