2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 3 - INVASIONS OF PRIVACY
PART 1 - WIRETAPPING, EAVESDROPPING, SURVEILLANCE, AND RELATED OFFENSES
§ 16-11-64.2 - Emergency situation and other grounds authorizing installation and use of pen register or trap and trace device prior to order; time for order approving installation or use
O.C.G.A.
16-11-64.2 (2010)
16-11-64.2. Emergency situation and other grounds authorizing installation and use of pen register or trap and trace device prior to order; time for order approving installation or use
Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that:
(1) An emergency situation exists that involves:
(A) Immediate danger of death or serious bodily injury to any person; or
(B) Conspiratorial activities characteristic of organized crime
that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and
(2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use
may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section
16-11-64.1.
Graham Syfert - Jacksonville Lawyer