Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply:

(1) The defendant gained possession of the property by theft or criminal conversion.

Terms Used In Indiana Code 32-35-2-9

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The property consists of one (1) or more negotiable instruments or credit cards.

(3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:

(A) perishable, and will perish before any noticed hearing can be had;

(B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or

(C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.

[Pre-2002 Recodification Citation: 34-21-4-2.]

As added by P.L.2-2002, SEC.20.

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