Sec. 3. (a) Allegations of fact in an application for a warrant submitted under this chapter may be based either upon the personal knowledge of the applicant or upon information and belief.

     (b) If the applicant personally knows the facts alleged, the applicant shall state that the affidavit is based upon personal knowledge.

Terms Used In Indiana Code 35-33.5-2-3

  • 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.
     (c) If the allegations of fact are derived in whole or in part from the statements of persons other than the applicant:

(1) the sources of the applicant’s information and belief must be either disclosed or described;

(2) the application must contain facts establishing the existence and reliability of:

(A) any informant; and

(B) information supplied by any informant; and

(3) the basis of an informant’s knowledge or belief must be disclosed, as far as possible.

     (d) If the applicant’s information and belief is derived from:

(1) tangible evidence; or

(2) recorded oral evidence;

the applicant shall attach to the application a copy or detailed description of the tangible evidence or recorded oral evidence.

     (e) Affidavits of persons other than the applicant may be attached to the application if the affidavits of other persons tend to support any fact or conclusion alleged in the application. An affidavit attached to the application under this subsection may be based either on personal knowledge of the affiant or on information and belief. However, if the attached affidavit is based on information and belief the affiant shall state the source of, and the reason for, the information and belief.

As added by P.L.161-1990, SEC.3.

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