Sec. 2. (a) Except as provided in section 3.5 of this chapter, an application for a warrant or extension must be made in writing and upon oath or affirmation. Each application must also include the following:

(1) The identity of the persons submitting the application.

Terms Used In Indiana Code 35-33.5-2-2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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) An affidavit setting forth the facts relied upon by an applicant to show why a warrant should be issued or an extension granted, including the following:

(A) Facts establishing probable cause for the belief that a designated offense allegedly has been, is being, or may be committed.

(B) A description of the nature and location of the facility, place, or device from which the communication is to be intercepted.

(C) The identity, if known, of the person allegedly committing the designated offense whose communication is to be intercepted.

(D) A description of the type of communication to be intercepted.

(3) A statement specifying that other investigative procedures:

(A) have been tried and failed; or

(B) may not succeed or are too dangerous to attempt.

(4) A statement of the duration necessary for the interception. However, if the applicant requests that the authorization for interception not automatically terminate once the described type of communication is initially obtained, the application must also include a description of facts supporting the belief that additional communications of the same type will occur.

(5) A statement of facts and any action taken by the court concerning any previous application for a warrant or an extension that:

(A) has been made to a court under this article;

(B) sought to obtain communications from any of the same persons, places, or facilities as the current application; and

(C) is known to exist by the persons making the current application.

(6) If it is reasonably necessary to make a secret entry upon private property to install an interception device, a statement describing the following:

(A) The private property.

(B) Who owns and who occupies the private property.

(C) The reasons necessitating secret entry.

     (b) In addition to the information required in subsection (a), if an application is for an extension, the application must contain a statement setting forth the results obtained from the original warrant or a reasonable explanation of the failure to obtain results under the original warrant.

     (c) The court may require an applicant to furnish additional testimony or evidence in support of an application.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.7.

  Previous section
Next section  
 Chapter 2 Contents