CHAPTER 3. DUTIES OF THE COURT
IC 35-33.5-3
Chapter 3. Duties of the Court
IC 35-33.5-3-1
Authorization of warrant or extension; determinations by court;examinations under oath; in camera inquiries
Sec. 1. (a) A court may enter an order authorizing a warrant or anextension if, based on the facts submitted by an applicant, the courtdetermines the following:
(1) Probable cause exists to believe that the person whosecommunications are to be intercepted is committing, hascommitted, or may commit a designated offense.
(2) Communications concerning the designated offenseidentified in the warrant application are likely to be obtainedthrough the requested interception.
(3) Exigent circumstances are present that require thepreservation of secrecy where there is a reasonable likelihoodthat a continuing investigation would be prevented if a personsubject to investigation was alerted to the fact that theinvestigation was occurring.
(4) A place, facility, or device from which communications areto be intercepted is:
(A) being used or about to be used by;
(B) listed in the name of;
(C) leased to; or
(D) commonly used by;
a person who is committing, has committed, or may commit adesignated offense.
(5) Investigative procedures:
(A) have been tried but have failed;
(B) are unlikely to succeed; or
(C) are too dangerous to attempt.
(b) In making a determination of probable cause required undersubsection (a)(1) before a warrant may be issued by the court, thecourt may examine under oath any person. The court shall order thecourt reporter to:
(1) prepare a verbatim transcript of an examination made underthis subsection; and
(2) attach the transcript to the application for the warrant.
(c) In making a determination of probable cause required undersubsection (a)(1) before a warrant may be issued by the court, ifthere is no corroborative evidence offered in support of the allegationof probable cause, the court shall inquire in camera concerning:
(1) the identity of any informants; or
(2) any additional information the court considers relevant to adetermination of probable cause to believe that the personwhose communications are to be intercepted is committing, hascommitted, or may commit a designated offense.
(d) The court may modify the application and authorize a warrantor an extension that is more limited in authority for interception than
the warrant or extension that was requested by the applicant.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.10.
IC 35-33.5-3-2
Information required in warrant
Sec. 2. A court that issues a warrant or an extension shall specifythe following information in the warrant:
(1) The identity of the law enforcement agency that the warrantdirects to make the interception.
(2) The identity of the person, if known, whose communicationis to be intercepted.
(3) The nature and location of the facility, place, or device fromwhich the communication is to be intercepted.
(4) The type of communication to be intercepted and astatement of the designated offense to which the communicationrelates.
(5) That the interception must be conducted in a manner thatminimizes the interception of communication that:
(A) is not relevant to the designated offense; and
(B) is not authorized by the warrant or extension.
(6) That methods required by the court to minimize theinterception of irrelevant communications include theimmediate termination by a law enforcement officer of therecording of a communication that is clearly irrelevant to theinvestigation of a designated offense.
(7) The duration during which the interception is authorized,including a statement as to whether the interceptionautomatically terminates once the described communication isinitially obtained.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.11.
IC 35-33.5-3-3
Repealed
(Repealed by P.L.105-2007, SEC.15.)