As used within this part, the term:
(Ga. L. 1967, p. 844, § 1; Code 1933, § 26-3009, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1995, p. 1051, § 2; Ga. L. 2000, p. 875, § 1; Ga. L. 2002, p. 1432, § 2; Ga. L. 2015, p. 1046, § 1/SB 94.)
Editor's notes.- Ga. L. 2000, p. 875, § 3, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act."
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 article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 79 (2015). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016). For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 102 (2000). For note, "Location, Location, Location: A 'Private' Place and Other Ailments of Georgia Surveillance Law Curable Through Alignment with the Federal System," 46 Ga. L. Rev. 1089 (2012).
JUDICIAL DECISIONS
Word "intercepting" is to be interpreted as "aural acquisition," consistent with the definition in 18 U.S.C. § 2510(4). Evans v. State, 252 Ga. 312, 314 S.E.2d 421, cert. denied, 469 U.S. 826, 105 S. Ct. 106, 83 L. Ed. 2d 50 (1984).
Word "transmitting" was included to cover such instruments and apparatus as miniature transmitters and microphones used to overhear private conversations other than those conducted by telephone. Evans v. State, 252 Ga. 312, 314 S.E.2d 421, cert. denied, 469 U.S. 826, 105 S. Ct. 106, 83 L. Ed. 2d 50 (1984).
Pen register is a "device" whose use requires a warrant under state law. Ellis v. State, 256 Ga. 751, 353 S.E.2d 19 (1987); Duncan v. State, 259 Ga. 278, 379 S.E.2d 507 (1989).
Inductor coil in junction box not "device."
- An inductor coil which is placed in the junction box servicing each phone to be tapped is not a device used to overhear, record, or intercept defendant's conversation within the meaning of O.C.G.A. §§ 16-11-60 and16-11-64. Evans v. State, 252 Ga. 312, 314 S.E.2d 421, cert. denied, 469 U.S. 826, 105 S. Ct. 106, 83 L. Ed. 2d 50 (1984).
Reasonable expectation of privacy.
- Subjective belief, without more, does not constitute reasonable expectation of privacy necessary to invoke protection of this chapter. Meyer v. State, 150 Ga. App. 613, 258 S.E.2d 217 (1979).
A 16-year-old girl had a reasonable expectation of privacy in her bedroom, even from her father. Snider v. State, 238 Ga. App. 55, 516 S.E.2d 569 (1999).
Police station is not a "private place" within the meaning of O.C.G.A. § 16-11-60. Thompson v. State, 191 Ga. App. 906, 383 S.E.2d 339, cert. denied, 191 Ga. App. 923, 383 S.E.2d 339 (1989).
Cited in Satterfield v. State, 127 Ga. App. 528, 194 S.E.2d 295 (1972); State v. Birge, 240 Ga. 501, 241 S.E.2d 213 (1978); Green v. State, 250 Ga. 610, 299 S.E.2d 544 (1983); Quintrell v. State, 231 Ga. App. 268, 499 S.E.2d 117 (1998); Gavin v. State, 292 Ga. App. 402, 664 S.E.2d 797 (2008).
RESEARCH REFERENCES
ALR.
- Observation through binoculars as constituting unreasonable search, 48 A.L.R.3d 1178, 59 A.L.R.5th 615.
Construction and application of 18 USCS § 2511(1)(a) and (b), providing criminal penalty for intercepting, endeavoring to intercept, or procuring another to intercept wire, oral, or electronic communication, 122 A.L.R. Fed. 597.
What constitutes "device which is primarily useful for the surreptitious interception of wire, oral, or electronic communication," under 18 USCS § 2512(1)(B), prohibiting manufacture, possession, assembly, sale of such device, 129 A.L.R. Fed. 549.
Applicability, in civil action, of provisions of Omnibus Crime Control and Safe Streets Act of 1968, prohibiting interception of communications (18 USCS § 2511 (1)), to interception by spouse, or spouse's agent, of conversations of other spouse, 139 A.L.R. Fed 517.
Construction and application of provision of Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C.A. § 2520) authorizing civil cause of action by person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of Act, 164 A.L.R. Fed. 139.