CHAPTER 2. ARREST WARRANTS

IC 35-33-2
    Chapter 2. Arrest Warrants

IC 35-33-2-1
Grounds; indictment or information filed; probable cause
    Sec. 1. (a) Except as provided in chapter 4 of this article,whenever an indictment is filed and the defendant has not beenarrested or otherwise brought within the custody of the court, thecourt, without making a determination of probable cause, shall issuea warrant for the arrest of the defendant.
    (b) Whenever an information is filed and the defendant has notbeen arrested or otherwise brought within the custody of the court,the court shall issue a warrant for the arrest of the defendant afterfirst determining that probable cause exists for the arrest.
    (c) No warrant for arrest of a person may be issued until:
        (1) an indictment has been found charging him with thecommission of an offense; or
        (2) a judge has determined that probable cause exists that theperson committed a crime and an information has been filedcharging him with a crime.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-2-2
Contents; form
    Sec. 2. (a) A warrant of arrest shall:
        (1) be in writing;
        (2) specify the name of the person to be arrested, or if his nameis unknown, shall designate such person by any name ordescription by which he can be identified with reasonablecertainty;
        (3) set forth the nature of the offense for which the warrant isissued;
        (4) state the date and county of issuance;
        (5) be signed by the clerk or the judge of the court with the titleof his office;
        (6) command that the person against whom the indictment orinformation was filed be arrested and brought before the courtissuing the warrant, without unnecessary delay;
        (7) specify the amount of bail, if any; and
        (8) be directed to the sheriff of the county.
    (b) An arrest warrant may be in substantially the following form:
TO: ______________
    You are hereby commanded to arrest ___________ forthwith, andhold that person to bail in the sum of _______ dollars, to answer inthe _______ Court of ________ County, in the State of Indiana, aninformation or indictment for ____________.
    And for want of bail commit him to the jail of the County, andthereafter without unnecessary delay to bring him before the saidcourt.
    IN WITNESS WHEREOF, I, ___________ (Clerk/Judge) of said

Court, hereto affix the seal thereof, and subscribe my name at__________ this ________ day of _______ A.D. 20__.

______________________

Clerk or Judge of the Court

IC 35-33-2-3
Issuance; service or arrests; forcible entry; wrongful entry,recovery of damages
    Sec. 3. (a) The warrant is issued to the sheriff of the county wherethe indictment or information is filed. This warrant may be served orarrests on it made:
        (1) by any law enforcement officer;
        (2) on any day of the week; and
        (3) at any time of the day or night.
    (b) A law enforcement officer may break open any outer or innerdoor or window in order to execute an arrest warrant, if he is notadmitted following an announcement of his authority and purpose.
    (c) The accused person shall be delivered to the sheriff of thecounty in which the indictment or information was filed, and thesheriff shall commit the accused person to jail or hold him to bail asprovided in this article.
    (d) A person or persons whose property is wrongfully damaged orwhose person is wrongfully injured by any law enforcement officeror officers who wrongfully enter may recover such damage from theresponsible authority and the law enforcement officer or officers asthe court may determine. The action may be filed in the circuit court,superior court or county court in the county where the wrongful entrytook place.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,P.L.204, SEC.8; P.L.320-1983, SEC.4.

IC 35-33-2-4
Expiration; reissuance
    Sec. 4. A warrant of arrest for a misdemeanor expires one hundredeighty (180) days after it is issued. A warrant of arrest for a felonyand a rearrest warrant for any offense do not expire. A sheriff whohas an expired warrant shall make a return on the warrant stating thatit has expired and shall return it to the clerk of the court that issuedit. The clerk shall enter the fact that the warrant has expired in hisrecords and shall notify the prosecuting attorney of the county thatthe warrant has expired. Upon request of the prosecuting attorney,the court shall issue another warrant.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-2-5
Dismissal of information or indictment; return
    Sec. 5. When an information or indictment has been dismissed,the court shall order the sheriff to make a return on any outstanding

arrest warrant or summons issued regarding a charge stating that thecharge has been dismissed. The sheriff shall notify any lawenforcement officer to whom the arrest warrant or summons has beendelivered that it has been revoked.
As added by Acts 1981, P.L.298, SEC.2.