Section 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  


Latest version.
  •    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.
Code 1981, § 16-11-64.2, enacted by Ga. L. 1995, p. 1051, § 3.