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Call Now: 904-383-7448Any district attorney having jurisdiction over the prosecution of the crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a judge of the superior court of the same judicial circuit as the district attorney, or, in the case of the Attorney General, in any judicial circuit; and such court shall be authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States. Such order shall have state-wide application and the interception by use of a pen register or trap and trace device shall be permitted in any location in this state.
(Code 1981, §16-11-64.1, enacted by Ga. L. 1995, p. 1051, § 3; Ga. L. 2005, p. 635, § 1/SB 269; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2013, p. 4, § 2/HB 55.)
- For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 109 (2013).
- Because pen registers were not among the devices governed by former O.C.G.A. § 16-11-64, the 20-day limit for investigative warrants issued under that section would not have applied to the 60-day pen register order described by defendant; rather, such a pen register order would have been governed by O.C.G.A. § 16-11-64.1, which contained no time limitation, and defendant's motion to suppress was premised on an alleged violation of an inapplicable Code section. Barnett v. State, 259 Ga. App. 465, 576 S.E.2d 923 (2003).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1984-03-15
Citation: 314 S.E.2d 421, 252 Ga. 312, 1984 Ga. LEXIS 692
Snippet: purpose of establishing jurisdiction under § 16-11-64 (1) (b) (Code Ann. § 26-3004). Defendants urge that