IC 35-33.5-4
    Chapter 4. Procedures Regarding Intercepted Communications

IC 35-33.5-4-1
Limitations; mandatory assistance to accomplish interception;compensation
    Sec. 1. (a) A court may not authorize interception under a warrantor an extension for a period longer than is necessary to achieve theobjective of the warrant or extension. Except as provided insubsection (d), a warrant and each extension may authorizeinterception for not more than thirty (30) days. A court that issues awarrant or an extension shall order that the authorized interceptionmust:
        (1) occur within ten (10) days after the court issues the warrantor extension;
        (2) be conducted in a manner that minimizes the interception ofa communication that is clearly irrelevant to the investigation ofa designated offense; and
        (3) terminate upon completion of the authorized objective orwithin thirty (30) days after the interception begins, whicheveroccurs first.
    (b) A court may grant not more than three (3) extensions.
    (c) A warrant or an extension may direct that a personimmediately furnish an applicant all information, facilities, andtechnical assistance within that person's control necessary toaccomplish the interception with a minimum of interference with theservices that the person is furnishing to the person whosecommunication is to be intercepted. The applicant shall compensatea person furnishing facilities or technical assistance to the applicantat the prevailing rates.
    (d) A warrant issued under IC 35-33.5-2-3.5 expires aftertwenty-four (24) hours, unless:
        (1) the court that issued the warrant established a shorter periodof expiration; or
        (2) the warrant is extended in accordance with section 2 of thischapter.
A warrant extended in accordance with section 2 of this chapterexpires as described in subsection (a).
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.12; P.L.3-2008, SEC.248.

IC 35-33.5-4-2
Progress reports to court
    Sec. 2. Whenever a warrant or an extension is issued under thisarticle, the court shall order that reports be submitted to the courtindicating the progress that has been made toward the authorizedobjective and whether continued interception is necessary. The courtmay establish the times when a report is required.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-4-3
Inventory to party of terminated warrant or extension;information available to person whose communications have beenintercepted; postponement of inventory services
    Sec. 3. (a) Within sixty (60) days after the termination of awarrant or an extension, the court shall cause to be served upon eachperson from whom communication was to be intercepted and uponany other party to an interception whom the court determines it is inthe interest of justice to serve, an inventory that includes notice ofthe following:
        (1) The date that the application for the warrant or extensionwas submitted.
        (2) The date on which the warrant or extension was granted.
        (3) The time during which the interception was authorized.
        (4) Whether the type of communication specified in the warrantwas intercepted during the authorized time.
    (b) The court may make available for inspection, to any personwhose communications have been intercepted under a warrant issuedunder this chapter and who makes a request, any part of theapplications, warrants, extensions and recordings that the courtdetermines to be in the interest of justice. On an ex parte showing ofgood cause to the issuing court, the serving of the inventory requiredby this section may be postponed.
    (c) If a party moves the court for postponement of service of theinventory required under subsection (a) on the grounds that secrecyis essential, the moving party shall:
        (1) submit the motion to the court in writing or by transcription;and
        (2) attach to the motion a statement of reasons for the party'sbelief that secrecy of the documents is essential.
As added by P.L.161-1990, SEC.3.

IC 35-33.5-4-4
Suppression of evidence; basis
    Sec. 4. (a) Upon a motion to suppress evidence arising from awarrant, a court may suppress the contents of or evidence derivedfrom an interception based on:
        (1) the grounds that the communication was intercepted inviolation of this article;
        (2) the grounds that the warrant or extension under which thecommunication was intercepted is insufficient on the face thewarrant or extension;
        (3) the grounds that the interception was not made inconformity with the warrant or extension;
        (4) the grounds that a material defect, such as the failure tocomply with the requirements that limit the use of authorizedinterceptions, exists in the application, the warrant, or theprocess of executing the warrant; or
        (5) any other grounds that are a basis for suppressing theevidence.    (b) A court may not suppress the contents of or evidence derivedfrom an interception if the motion to suppress is based on animmaterial defect in the application, the warrant, or the process ofexecuting the warrant.
As added by P.L.161-1990, SEC.3.

IC 35-33.5-4-5
Motion to suppress; information or evidence available to aggrievedperson; appeal of granted motion
    Sec. 5. (a) If a court grants a motion to suppress under this article,the contents of the interception or evidence derived from theinterception are considered to have been obtained in violation of thisarticle. The court, upon the filing of the motion by an aggrievedperson, may make available for inspection to the aggrieved person,or the person's attorney, any part of the interception or evidencederived from the interception that the court determines to be in theinterest of justice.
    (b) In addition to any other right to appeal, the state may appealfrom an order granting a motion to suppress made under this sectionif the prosecuting attorney certifies to the court granting the motionthat the appeal is not taken for purpose of delay. The state must filethe appeal in accordance with the rules adopted by the Indianasupreme court.
As added by P.L.161-1990, SEC.3.