Indiana Code 35-49-2-4. Adversary hearing; application; preliminary determination
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Sec. 4. (a) Within ten (10) days after:
(2) the defendant is arrested under this article;
(1) matter is obtained by seizure or by purchase under this article; or
Terms Used In Indiana Code 35-49-2-4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purpose described in subsection (b).
(b) At the adversary hearing, the court shall make a preliminary determination of whether the matter is:
(1) probably obscene; or
(2) probably harmful to minors.
As added by P.L.311-1983, SEC.33.