Disclosure of Stored Wire or Electronic Communications; Records; Search Warrants; Issuance of Subpoena; Violation

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Order and Safety
  5. Invasions of Privacy
  6. Wiretapping, Eavesdropping, Surveillance, and Related Offenses
  7. Disclosure of Stored Wire or Electronic Communications; Records; Search Warrants; Issuance of Subpoena; Violation

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  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).


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