Title 46, Chapter 5, Section 20
( 46-5-20)
(a) When any municipal, county, state, or federal law enforcement
officer acting within his apparent jurisdiction has reason to
believe that certain telephone facilities or any part thereof are
being used or have been used in violation of any federal law, the
laws of the State of Georgia, or the ordinances of any municipality
therein, that officer may make oath or affidavit stating his belief
to the district attorney of the judicial circuit in which the
telephone facilities are located. Thereupon, the district attorney
shall petition the judge of the superior court of that circuit to
issue a rule nisi which shall be promptly served upon the person in
whose name the telephone facilities are listed, requiring the party,
within a reasonable time to be fixed by the judge, which shall not
be less than 48 hours from time of service of the petition on said
party, to show cause before the judge why the telephone facilities
should not be promptly removed. At the hearing on the rule nisi the
burden of proof shall be upon the petitioner. (b) Upon a finding by the court that the telephone facilities are
being or have been used in violation of the laws described in
subsection (a) of this Code section, the court shall issue an order
requiring the telephone company which is rendering service over the
facilities to disconnect and remove such facilities. Upon receipt of
such order, which shall be served upon an officer of the telephone
company by the sheriff of the county in which the telephone
facilities are installed or by his duly authorized deputies, the
telephone company shall proceed within a reasonable time to
disconnect and remove such facilities and discontinue all telephone
service rendered over the facilities until further order of the
court. (c) The law enforcement officer who applies to the district attorney
for the removal of such facilities shall, in his official capacity,
be a necessary party to any proceeding or action arising out of or
under this Code section. (d) No telephone company shall be liable for any damages, penalty,
or forfeiture, whether civil or criminal, for any act performed in
compliance with any order issued by the judge of the superior court
under this Code section. |