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
Current as of: 2009
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.
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