16-11-64.3
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16-11-64.3.
(a)
Notwithstanding any other provision of this part, in the event that the Attorney
General or a district attorney of the judicial circuit having jurisdiction over
the emergency situation described herein or where the observation, monitoring,
or recording of the activities of any person may occur as provided in this
subsection determines that:
(1)
An emergency situation exists involving the immediate danger of death or serious
physical injury to any person;
(2)
The said emergency situation requires the immediate interception of a wire,
oral, or electronic communications or the immediate observation, monitoring, or
recording of the activities of any person involved in said emergency situation
in violation of the provisions of Code Section 16-11-62 before an order
authorizing such interception or surveillance can, with due diligence, be
obtained; and
(3)
There are grounds upon which an investigation warrant pursuant to Code Section
16-11-64 could be issued,
then
any investigative or law enforcement officer specifically designated by the
prosecuting official making such determination may utilize any device as defined
in Code Section 16-11-60 to intercept the wire, oral, or electronic
communications or to observe, monitor, or record the activities of the person or
persons involved in said emergency situation, provided that an application for
an investigation warrant is made pursuant to Code Section 16-11-64 within 48
hours after said interception or surveillance commences.
(b)
In the event that an application for an investigation warrant made pursuant to
this Code section is granted, then the interception or surveillance shall be
conducted in accordance with the provisions of Code Section 16-11-64, except
that said interception or surveillance shall continue only so long as the
emergency situation exists.
(c)
In the event that an application for an investigation warrant made pursuant to
this Code section is denied or in any event where the interception or
surveillance is terminated without an investigation warrant having been issued,
the contents of any intercepted communications or other surveillance effected
pursuant to this Code section shall not be admissible in any court of this state
except to prove violations of this part. The contents of any such intercepted
communications or other surveillance effected pursuant to this Code section
without an investigation warrant having been issued shall be confidential and
shall not be disclosed except to prove violations of this part.