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Indiana Code 35-33-5-2. Affidavit; descriptions; information to establish credibility of hearsay; form

Indiana Code > Title 35 > Article 33 > Chapter 5 > § 35-33-5-2. Affidavit; descriptions; information to establish credibility of hearsay; form

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IC 35-33-5-2
Affidavit; descriptions; information to establish credibility of hearsay; form
   Sec. 2. (a) Except as provided in section 8 of this chapter, no warrant for search or arrest shall be issued until there is filed with the judge an affidavit:
    (1) particularly describing:
      (A) the house or place to be searched and the things to be searched for; or
      (B) particularly describing the person to be arrested;
    (2) alleging substantially the offense in relation thereto and that the affiant believes and has good cause to believe that:
      (A) the things as are to be searched for are there concealed; or
      (B) the person to be arrested committed the offense; and
    (3) setting forth the facts then in knowledge of the affiant or information based on hearsay, constituting the probable cause.
  (b) When based on hearsay, the affidavit must either:
    (1) contain reliable information establishing the credibility of the source and of each of the declarants of the hearsay and establishing that there is a factual basis for the information furnished; or
    (2) contain information that establishes that the totality of the

circumstances corroborates the hearsay.
  (c) An affidavit for search substantially in the following form shall be treated as sufficient:
    STATE OF INDIANA      )
          ) SS:
    COUNTY OF ___________________  )
      A B swears (or affirms, as the case may be) that he believes and has good cause to believe (here set forth the facts and information constituting the probable cause) that (here describe the things to be searched for and the offense in relation thereto) are concealed in or about the (here describe the house or place) of C D, situated in the county of _____________________, in said state.
      Subscribed and sworn to before me this _____ day of _______ 20__.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.177-1984, SEC.1; P.L.161-1990, SEC.1; P.L.1-1991, SEC.190; P.L.2-2005, SEC.117.

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Criminal Procedure

Indiana Code 35-33-5-2. Affidavit; descriptions; information to establish credibility of hearsay; form

Indiana Code > Title 35 > Article 33 > Chapter 5 > § 35-33-5-2. Affidavit; descriptions; information to establish credibility of hearsay; form

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