In January, the Supreme Court ruled that Superior Court Judges cannot issue wiretap warrants outside their respective judicial circuits. The General Assembly, as they are want to do, are attempting to circumvent the ruling of the Supreme Court by legislative action.
Yesterday the Georgia House of Representatives voted on House Bill 55. By 48 to 6, legislation was passed which gives Superior Court Judges far more jurisdictional discretion in issuing wiretapping warrants. Now, instead of needing jurisdiction over the defendant in order to execute a warrant, the Courts will only need jurisdiction over the crime.
Why does this matter? Every court in Georgia arguably has jurisdiction over every crime committed within the state. However, venue is generally determined by where the crime took place. But, for purposes of a wiretap, a Superior Court has to have jurisdiction over the place (a home, a car, an office) where the surveillance device is installed, or where it has “territorial jurisdiction.”
This means, very simply, that your elected officials are working very diligently to allow almost any Superior Court Judge in the state to be legally permitted to install a wiretap surveillance device at your home. Once Governor Deal signs HB 55, a judge you didn’t have the opportunity to vote for can order law enforcement to listen to your conversations. Big Brother used to be watching you. Now he’s listening from every Judicial Circuit in the state.