HB 1270: Criminal procedure; installation and use of mobile tracking devices by law enforcement; provide

Georgia law currently has procedures for search warrants but no specific statute covering mobile tracking devices, such as GPS trackers that law enforcement might attach to a vehicle or object. This bill adds a new section to Georgia's search warrant law (O.C.G.A. § 17-5-33) that lays out exactly how police and prosecutors can ask a judge for permission to install and use such a device. Under the bill, the same people who can apply for a search warrant could apply to a superior court judge for an order authorizing a mobile tracking device. The application must identify the investigating agency, swear to facts showing probable cause that a crime occurred, name the offense involved, and say if the device will be used outside the judge's home circuit. A judge could then issue a secret (ex parte) order letting police install the device within the circuit and track it anywhere in Georgia for a set time. The bill also says the installation and use must meet the standards the U.S. Supreme Court has set for these devices.

• Creates a new Georgia Code section (O.C.G.A. § 17-5-33) setting up a specific court approval process for installing and using mobile tracking devices like GPS trackers.
• Defines who counts as a 'court of competent jurisdiction' (a superior court judge) and what a 'mobile tracking device' is under the law.
• Requires investigators to submit a sworn application showing probable cause, naming the offense, and identifying the requesting agency before a device can be installed.
• Allows judges to issue orders without notifying the tracked person in advance (ex parte), authorizing installation in one judicial circuit but tracking anywhere in Georgia.
• Requires that use of these devices follow standards set by the United States Supreme Court, tying the new state process to existing federal constitutional limits.

The bill affects law enforcement agencies and prosecutors who investigate crimes, superior court judges who would review and approve tracking device applications, and any person, vehicle, or object that becomes the subject of a court-authorized mobile tracking device during a criminal investigation.

Without a specific statute, Georgia law enforcement has relied on general search warrant rules or federal case law when using tracking devices like GPS trackers. This bill would spell out exactly what officers must show a judge, giving investigators a clearer legal path while also setting fixed conditions, such as probable cause and time limits, on how tracking can be authorized.

• Section 1 adds new Code section 17-5-33 to Georgia's search warrant law (Article 2 of Chapter 5 of Title 17).
• Subsection (a) defines 'court of competent jurisdiction,' 'jurisdiction of the issuing court,' and 'mobile tracking device.'
• Subsection (b) allows anyone authorized to apply for a search warrant under O.C.G.A. § 17-5-20 to also apply for a mobile tracking device order.
• Subsection (c) lists required application contents: the applicant's identity, sworn probable cause facts, the offense involved, and whether tracking will extend outside the issuing judge's circuit.
• Subsection (d) lets the judge issue an ex parte order for a specified period, allowing installation in the issuing circuit and use or data collection statewide.
• Subsection (e) requires that installation and use follow standards set by the United States Supreme Court.
• Section 2 repeals any conflicting laws.

1. 2026-02-12House Second Readers (Cámara de Representantes)
2. 2026-02-11House First Readers (Cámara de Representantes)
3. 2026-02-10House Hopper (Cámara de Representantes)

• Bill Hitchens (R, HD-161)Patrocinador principal
• Clint Crowe (R, HD-118)
• Lauren McDonald (R, HD-026)
• Eddie Lumsden (R, HD-012)
• William Werkheiser (R, HD-157)

• criminal procedure
• law enforcement surveillance
• search warrants
• GPS tracking
• court authorization