One Click Case Law for § 16-11-64
O.C.G.A. § 16-11-64-3 <-- --> O.C.G.A. §16-11-65

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 - Interception of wire or oral transmissions by law enforcement officers

O.C.G.A. 16-11-64 (2010)
16-11-64. Interception of wire or oral transmissions by law enforcement officers


(a) Application of part to law enforcement officers. Except only as provided in subsection (b) of this Code section, nothing in this part shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected offenders of the law or in secretly watching a person suspected of violating the laws of the United States or of this state, or any subdivision thereof, for the purpose of apprehending such suspected violator.

(b) When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is defined in Code Section 16-11-60, and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement official shall act in compliance with the provisions provided for in this part.

(c) Upon written application, under oath, of the prosecuting attorney having jurisdiction over prosecution of the crime under investigation, or the Attorney General, made before a judge of superior court, said court may issue an investigation warrant permitting the use of such device, as defined in Code Section 16-11-60, for the surveillance of such person or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for by Chapter 119 of Title 18 of the United States Code Annotated, as amended.

(d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction.

(e) Defenses. A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this part or under any other law.