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2018 Georgia Code 16-11-66.1 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 3 INVASIONS OF PRIVACY

16-11-66.1. Disclosure of stored wire or electronic communications; records; search warrants; issuance of subpoena; violation.

  1. A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States.
  2. A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire and electronic communications in its possession or reasonably accessible thereto when a requesting law enforcement officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States.
  3. Search warrants for production of stored wire or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judge with jurisdiction over the criminal offense under investigation and to which such records relate.
  4. A subpoena for the production of stored wire or electronic communications and transactional records pertaining thereto may be issued at any time upon a showing by a law enforcement official, a prosecuting attorney, or the Attorney General that the subpoenaed material relates to a pending criminal investigation.
  5. Violation of this Code section shall be punishable as contempt.

(Code 1981, §16-11-66.1, enacted by Ga. L. 1993, p. 299, § 1; Ga. L. 1995, p. 1023, § 1; Ga. L. 2002, p. 1432, § 4; Ga. L. 2003, p. 140, § 16.)

Editor's notes.

- Ga. L. 2002, p. 1432, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'Georgia's Support of the War on Terrorism Act of 2002'."

Law reviews.

- For annual survey on criminal law, see 65 Mercer L. Rev. 79 (2013). For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 109 (1993).

JUDICIAL DECISIONS

Cited in Tapley v. Collins, 41 F. Supp. 2d 1366 (S.D. Ga. 1999); Barlow v. Barlow, 272 Ga. 102, 526 S.E.2d 857 (2000); Luangkhot v. State, 292 Ga. 423, 736 S.E.2d 397 (2013).

Cases Citing Georgia Code 16-11-66.1 From Courtlistener.com

Total Results: 9

State v. LEDBETTER (And Vice Versa)

Court: Supreme Court of Georgia | Date Filed: 2024-03-05

Snippet: argues that the warrant is invalid under OCGA § 16-11-66.1 (c), which allows the “state-wide application

Outlaw v. State

Court: Supreme Court of Georgia | Date Filed: 2021-05-03

Snippet: if prohibited by the law of such State. OCGA § 16-11-66.1 (a) permits a prosecutor to require the disclosure

Byers v. State

Court: Supreme Court of Georgia | Date Filed: 2021-04-05

Snippet: have standing to seek suppression under OCGA §§ 16-11-66.1 (a) and 16-11-67 of text messages associated

Lofton v. State

Court: Supreme Court of Georgia | Date Filed: 2021-02-15

Snippet: that the release failed to comply with OCGA § 16-11-66.1 (d), which provides: “A subpoena for the production

State v. Harris

Court: Supreme Court of Georgia | Date Filed: 2017-05-01

Citation: 301 Ga. 234, 799 S.E.2d 801, 2017 WL 1548597, 2017 Ga. LEXIS 323

Snippet: after a showing of probable cause. See OCGA § 16-11-66.1; 18 USC § 2703; OCGA § 17-5-21; and Hampton v

Hampton v. State

Court: Supreme Court of Georgia | Date Filed: 2014-09-22

Citation: 295 Ga. 665, 763 S.E.2d 467, 2014 Ga. LEXIS 717

Snippet: means of a properly issued warrant. See OCGA § 16-11-66.1 (a) (“A law enforcement officer, a prosecuting

Luangkhot v. State

Court: Supreme Court of Georgia | Date Filed: 2013-01-07

Citation: 292 Ga. 423, 736 S.E.2d 397, 2013 WL 57017

Snippet: expressly afforded “state-wide application.” OCGA § 16-11-66.1 (c). Notably, this latter Code section was enacted

Registe v. State

Court: Supreme Court of Georgia | Date Filed: 2012-11-05

Citation: 292 Ga. 154, 734 S.E.2d 19, 2012 Fulton County D. Rep. 3454, 2012 Ga. LEXIS 862

Snippet: state and federal statutory provisions. OCGA § 16-11-66.1 states: (a) A law enforcement officer, a prosecuting

Barlow v. Barlow

Court: Supreme Court of Georgia | Date Filed: 2000-02-28

Citation: 526 S.E.2d 857, 272 Ga. 102, 2000 Fulton County D. Rep. 821, 2000 Ga. LEXIS 121

Snippet: Finally, the legislature's enactment of OCGA § 16-11-66.1 supports construing OCGA § 16-11-62(4) to protect