IC 35-33.5-2
Chapter 2. Applications, Procedures, and Reports
IC 35-33.5-2-1 Application for warrant by prosecuting or designated deputy
prosecuting attorney; coapplicant; interception equipment under
control of state police; reimbursement to state police
Sec. 1. (a) A prosecuting attorney or, if the prosecuting attorney
is unavailable, a chief deputy prosecuting attorney specifically
authorized by the prosecuting attorney, may submit an application for
a warrant or an extension to a circuit or superior court where:
(1) the county that the prosecuting attorney represents is
located; and
(2) the communication subject to the warrant is anticipated to
be sent or received.
The prosecuting attorney or authorized chief deputy prosecuting
attorney may not delegate the responsibility of applying for a warrant
or an extension to another deputy prosecuting attorney.
(b) One (1) of the following persons must serve as a coapplicant
for a warrant or an extension under subsection (a):
(1) The superintendent of the state police department.
(2) The police chief of a consolidated city where the
communication subject to the warrant is anticipated to be sent
or received.
(3) The sheriff of the county containing a consolidated city
where the communication subject to the warrant is anticipated
to be sent or received.
(c) Only the state police department may install equipment used
to intercept an electronic communication under this chapter.
(d) The state police department may:
(1) operate or monitor equipment used to intercept an electronic
communication; or
(2) if the interception of an electronic communication is
performed on behalf of another law enforcement agency, permit
the law enforcement agency to operate or monitor the
equipment under the supervision of the department.
(e) The superintendent of the state police department may
terminate an interception under this chapter if the superintendent of
the state police department determines that there is probable cause to
believe that the allegations concerning the offense that are the basis
of the interception are without merit. If an interception of an
electronic communication is terminated under this subsection, the
law enforcement agency that is the co-applicant for the interception
shall reimburse the state police department for the department's
expenses incurred in connection with the application for interception,
including the costs of removing equipment related to the
interception.
(f) If the interception of an electronic communication is
performed on behalf of another law enforcement agency, the law
enforcement agency shall reimburse the department for the
department's expenses in connection with the installation, operation,
and maintenance of equipment used to intercept an electronic
communication. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.6.
IC 35-33.5-2-2 Application or extension in writing and upon oath of affirmation;
information required
Sec. 2. (a) Except as provided in section 3.5 of this chapter, an
application for a warrant or extension must be made in writing and
upon oath or affirmation. Each application must also include the
following:
(1) The identity of the persons submitting the application.
(2) An affidavit setting forth the facts relied upon by an
applicant to show why a warrant should be issued or an
extension granted, including the following:
(A) Facts establishing probable cause for the belief that a
designated offense allegedly has been, is being, or may be
committed.
(B) A description of the nature and location of the facility,
place, or device from which the communication is to be
intercepted.
(C) The identity, if known, of the person allegedly
committing the designated offense whose communication is
to be intercepted.
(D) A description of the type of communication to be
intercepted.
(3) A statement specifying that other investigative procedures:
(A) have been tried and failed; or
(B) may not succeed or are too dangerous to attempt.
(4) A statement of the duration necessary for the interception.
However, if the applicant requests that the authorization for
interception not automatically terminate once the described type
of communication is initially obtained, the application must also
include a description of facts supporting the belief that
additional communications of the same type will occur.
(5) A statement of facts and any action taken by the court
concerning any previous application for a warrant or an
extension that:
(A) has been made to a court under this article;
(B) sought to obtain communications from any of the same
persons, places, or facilities as the current application; and
(C) is known to exist by the persons making the current
application.
(6) If it is reasonably necessary to make a secret entry upon
private property to install an interception device, a statement
describing the following:
(A) The private property.
(B) Who owns and who occupies the private property.
(C) The reasons necessitating secret entry.
(b) In addition to the information required in subsection (a), if an
application is for an extension, the application must contain a
statement setting forth the results obtained from the original warrant
or a reasonable explanation of the failure to obtain results under the
original warrant.
(c) The court may require an applicant to furnish additional
testimony or evidence in support of an application. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.7.
IC 35-33.5-2-3 Allegations of fact; basis; information required; supporting
affidavits
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.
(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.
IC 35-33.5-2-3.5 Alternative procedure for issuance of warrant; requirement for
recording and transcription
Sec. 3.5. (a) A court may issue a warrant without the affidavit
required under section 2 of this chapter, if the court receives sworn
testimony of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio; or
(3) in writing by facsimile (fax) transmission.
In addition, the prosecuting attorney or, if the prosecuting attorney
is unavailable, a chief deputy prosecuting attorney specifically
authorized by the prosecuting attorney, shall inform the court that a
person described in section 1(b) of this chapter has agreed to serve
as a coapplicant of the warrant. The prosecuting attorney or
authorized chief deputy prosecuting attorney may not delegate the
responsibility of applying for a warrant to another deputy prosecuting
attorney.
(b) After the affiant recites the facts required for an affidavit and
verifies the facts recited under penalty of perjury, a prosecuting
attorney or chief deputy prosecuting attorney who applies for a
warrant under subsection (a)(2) shall read to the court from a warrant
form on which the prosecuting attorney or chief deputy prosecuting
attorney enters the information read by the affiant to the court. The
court may direct the prosecuting attorney or chief deputy prosecuting
attorney to modify the warrant. If the court agrees to issue the
warrant, the court shall direct the prosecuting attorney or chief
deputy prosecuting attorney to sign the judge's name to the warrant,
adding the time of the issuance of the warrant.
(c) After transmitting an affidavit, a prosecuting attorney or chief
deputy prosecuting attorney who applies for a warrant under
subsection (a)(3) shall transmit to the court a copy of a warrant form
completed by the prosecuting attorney or chief deputy prosecuting
attorney. The court may modify the transmitted warrant. If the court
agrees to issue the warrant, the court shall transmit to the applicant
a duplicate of the warrant. The judge shall then sign the warrant
retained by the court, adding the time of the issuance of the warrant.
(d) If a warrant is issued under subsection (a)(2), the court shall
record the conversation and order the court reporter to type or
transcribe the recording for entry in the record. The court shall
certify the recording, the transcription, and the warrant retained by
the court for entry in the record.
(e) If a warrant is issued under subsection (a)(3), the court shall
order the court reporter to retype or copy the facsimile transmission
for entry in the record. The court shall certify the transcription or
copy and warrant retained by the court for entry in the record.
(f) The court reporter shall notify the prosecuting attorney or chief
deputy prosecuting attorney who received a warrant under subsection
(a)(2) or (a)(3) when the transcription or copy required under this
section is entered in the record. The prosecuting attorney or chief
deputy prosecuting attorney shall sign the typed, transcribed, or
copied entry upon receiving notice from the court reporter. As added by P.L.105-2007, SEC.8.
IC 35-33.5-2-4 Reports to legislative council on warrants or extensions granted;
reports on arrests or convictions
Sec. 4. (a) Not later than December 31 of each year, a prosecuting
attorney who during that year:
(1) has received a warrant or an extension; or
(2) represents a county in which an arrest or a conviction has
occurred as the result of the warrant or extension;
shall report in an electronic format under IC 5-14-6 the information
described in subsection (b) to the legislative council.
(b) A prosecuting attorney shall report the following information
under subsection (a):
(1) The information required in section 5 of this chapter.
(2) The number of arrests resulting from an interception made
under a warrant or extension and the designated offense for
which each arrest was made.
(3) The number of charges filed as a result of an interception.
(4) The number of motions to suppress made with respect to an
interception and the number of motions granted or denied.
(5) The number of convictions resulting from an interception,
the designated offense for which each conviction was obtained,
and a general assessment of the importance of interception in
obtaining the convictions.
(6) A general description of the interceptions made under a
warrant or an extension, including the following:
(A) The approximate nature and frequency of incriminating
communications intercepted.
(B) The approximate nature and frequency of other
communications intercepted.
(C) The approximate number of persons whose
communications were intercepted.
(D) The approximate nature, amount, and cost of manpower
and other resources used in relation to the interceptions. As added by P.L.161-1990, SEC.3. Amended by P.L.28-2004,
SEC.176.
IC 35-33.5-2-5 Reports to executive director of division of state court
administration on terminations and denials
Sec. 5. Within twenty-eight (28) days after the termination of a
warrant or an extension, or the denial of an application for a warrant
or an extension, the court to which application for the warrant or an
extension was made shall submit a report to the executive director of
the division of state court administration (IC 33-24-6-1) containing
the following information:
(1) The fact that a warrant or an extension was applied for.
(2) The type of warrant or extension applied for.
(3) The fact that the application for a warrant or an extension
was granted, modified, or denied.
(4) The duration authorized for interception by the warrant and
the number and duration of any extensions.
(5) The designated offense for which the warrant or extension
was issued or applied for.
(6) The identity of the persons who applied for the warrant or
extension.
(7) The nature and location of the place, facility, or device from
which communications were to be intercepted.
(8) The reasons for withholding notice under IC 35-33.5-4-3, if
the notice was withheld. As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004,
SEC.142; P.L.105-2007, SEC.9.
IC 35-33.5-2
Chapter 2. Applications, Procedures, and Reports
IC 35-33.5-2-1 Application for warrant by prosecuting or designated deputy
prosecuting attorney; coapplicant; interception equipment under
control of state police; reimbursement to state police
Sec. 1. (a) A prosecuting attorney or, if the prosecuting attorney
is unavailable, a chief deputy prosecuting attorney specifically
authorized by the prosecuting attorney, may submit an application for
a warrant or an extension to a circuit or superior court where:
(1) the county that the prosecuting attorney represents is
located; and
(2) the communication subject to the warrant is anticipated to
be sent or received.
The prosecuting attorney or authorized chief deputy prosecuting
attorney may not delegate the responsibility of applying for a warrant
or an extension to another deputy prosecuting attorney.
(b) One (1) of the following persons must serve as a coapplicant
for a warrant or an extension under subsection (a):
(1) The superintendent of the state police department.
(2) The police chief of a consolidated city where the
communication subject to the warrant is anticipated to be sent
or received.
(3) The sheriff of the county containing a consolidated city
where the communication subject to the warrant is anticipated
to be sent or received.
(c) Only the state police department may install equipment used
to intercept an electronic communication under this chapter.
(d) The state police department may:
(1) operate or monitor equipment used to intercept an electronic
communication; or
(2) if the interception of an electronic communication is
performed on behalf of another law enforcement agency, permit
the law enforcement agency to operate or monitor the
equipment under the supervision of the department.
(e) The superintendent of the state police department may
terminate an interception under this chapter if the superintendent of
the state police department determines that there is probable cause to
believe that the allegations concerning the offense that are the basis
of the interception are without merit. If an interception of an
electronic communication is terminated under this subsection, the
law enforcement agency that is the co-applicant for the interception
shall reimburse the state police department for the department's
expenses incurred in connection with the application for interception,
including the costs of removing equipment related to the
interception.
(f) If the interception of an electronic communication is
performed on behalf of another law enforcement agency, the law
enforcement agency shall reimburse the department for the
department's expenses in connection with the installation, operation,
and maintenance of equipment used to intercept an electronic
communication. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.6.
IC 35-33.5-2-2 Application or extension in writing and upon oath of affirmation;
information required
Sec. 2. (a) Except as provided in section 3.5 of this chapter, an
application for a warrant or extension must be made in writing and
upon oath or affirmation. Each application must also include the
following:
(1) The identity of the persons submitting the application.
(2) An affidavit setting forth the facts relied upon by an
applicant to show why a warrant should be issued or an
extension granted, including the following:
(A) Facts establishing probable cause for the belief that a
designated offense allegedly has been, is being, or may be
committed.
(B) A description of the nature and location of the facility,
place, or device from which the communication is to be
intercepted.
(C) The identity, if known, of the person allegedly
committing the designated offense whose communication is
to be intercepted.
(D) A description of the type of communication to be
intercepted.
(3) A statement specifying that other investigative procedures:
(A) have been tried and failed; or
(B) may not succeed or are too dangerous to attempt.
(4) A statement of the duration necessary for the interception.
However, if the applicant requests that the authorization for
interception not automatically terminate once the described type
of communication is initially obtained, the application must also
include a description of facts supporting the belief that
additional communications of the same type will occur.
(5) A statement of facts and any action taken by the court
concerning any previous application for a warrant or an
extension that:
(A) has been made to a court under this article;
(B) sought to obtain communications from any of the same
persons, places, or facilities as the current application; and
(C) is known to exist by the persons making the current
application.
(6) If it is reasonably necessary to make a secret entry upon
private property to install an interception device, a statement
describing the following:
(A) The private property.
(B) Who owns and who occupies the private property.
(C) The reasons necessitating secret entry.
(b) In addition to the information required in subsection (a), if an
application is for an extension, the application must contain a
statement setting forth the results obtained from the original warrant
or a reasonable explanation of the failure to obtain results under the
original warrant.
(c) The court may require an applicant to furnish additional
testimony or evidence in support of an application. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.7.
IC 35-33.5-2-3 Allegations of fact; basis; information required; supporting
affidavits
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.
(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.
IC 35-33.5-2-3.5 Alternative procedure for issuance of warrant; requirement for
recording and transcription
Sec. 3.5. (a) A court may issue a warrant without the affidavit
required under section 2 of this chapter, if the court receives sworn
testimony of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio; or
(3) in writing by facsimile (fax) transmission.
In addition, the prosecuting attorney or, if the prosecuting attorney
is unavailable, a chief deputy prosecuting attorney specifically
authorized by the prosecuting attorney, shall inform the court that a
person described in section 1(b) of this chapter has agreed to serve
as a coapplicant of the warrant. The prosecuting attorney or
authorized chief deputy prosecuting attorney may not delegate the
responsibility of applying for a warrant to another deputy prosecuting
attorney.
(b) After the affiant recites the facts required for an affidavit and
verifies the facts recited under penalty of perjury, a prosecuting
attorney or chief deputy prosecuting attorney who applies for a
warrant under subsection (a)(2) shall read to the court from a warrant
form on which the prosecuting attorney or chief deputy prosecuting
attorney enters the information read by the affiant to the court. The
court may direct the prosecuting attorney or chief deputy prosecuting
attorney to modify the warrant. If the court agrees to issue the
warrant, the court shall direct the prosecuting attorney or chief
deputy prosecuting attorney to sign the judge's name to the warrant,
adding the time of the issuance of the warrant.
(c) After transmitting an affidavit, a prosecuting attorney or chief
deputy prosecuting attorney who applies for a warrant under
subsection (a)(3) shall transmit to the court a copy of a warrant form
completed by the prosecuting attorney or chief deputy prosecuting
attorney. The court may modify the transmitted warrant. If the court
agrees to issue the warrant, the court shall transmit to the applicant
a duplicate of the warrant. The judge shall then sign the warrant
retained by the court, adding the time of the issuance of the warrant.
(d) If a warrant is issued under subsection (a)(2), the court shall
record the conversation and order the court reporter to type or
transcribe the recording for entry in the record. The court shall
certify the recording, the transcription, and the warrant retained by
the court for entry in the record.
(e) If a warrant is issued under subsection (a)(3), the court shall
order the court reporter to retype or copy the facsimile transmission
for entry in the record. The court shall certify the transcription or
copy and warrant retained by the court for entry in the record.
(f) The court reporter shall notify the prosecuting attorney or chief
deputy prosecuting attorney who received a warrant under subsection
(a)(2) or (a)(3) when the transcription or copy required under this
section is entered in the record. The prosecuting attorney or chief
deputy prosecuting attorney shall sign the typed, transcribed, or
copied entry upon receiving notice from the court reporter. As added by P.L.105-2007, SEC.8.
IC 35-33.5-2-4 Reports to legislative council on warrants or extensions granted;
reports on arrests or convictions
Sec. 4. (a) Not later than December 31 of each year, a prosecuting
attorney who during that year:
(1) has received a warrant or an extension; or
(2) represents a county in which an arrest or a conviction has
occurred as the result of the warrant or extension;
shall report in an electronic format under IC 5-14-6 the information
described in subsection (b) to the legislative council.
(b) A prosecuting attorney shall report the following information
under subsection (a):
(1) The information required in section 5 of this chapter.
(2) The number of arrests resulting from an interception made
under a warrant or extension and the designated offense for
which each arrest was made.
(3) The number of charges filed as a result of an interception.
(4) The number of motions to suppress made with respect to an
interception and the number of motions granted or denied.
(5) The number of convictions resulting from an interception,
the designated offense for which each conviction was obtained,
and a general assessment of the importance of interception in
obtaining the convictions.
(6) A general description of the interceptions made under a
warrant or an extension, including the following:
(A) The approximate nature and frequency of incriminating
communications intercepted.
(B) The approximate nature and frequency of other
communications intercepted.
(C) The approximate number of persons whose
communications were intercepted.
(D) The approximate nature, amount, and cost of manpower
and other resources used in relation to the interceptions. As added by P.L.161-1990, SEC.3. Amended by P.L.28-2004,
SEC.176.
IC 35-33.5-2-5 Reports to executive director of division of state court
administration on terminations and denials
Sec. 5. Within twenty-eight (28) days after the termination of a
warrant or an extension, or the denial of an application for a warrant
or an extension, the court to which application for the warrant or an
extension was made shall submit a report to the executive director of
the division of state court administration (IC 33-24-6-1) containing
the following information:
(1) The fact that a warrant or an extension was applied for.
(2) The type of warrant or extension applied for.
(3) The fact that the application for a warrant or an extension
was granted, modified, or denied.
(4) The duration authorized for interception by the warrant and
the number and duration of any extensions.
(5) The designated offense for which the warrant or extension
was issued or applied for.
(6) The identity of the persons who applied for the warrant or
extension.
(7) The nature and location of the place, facility, or device from
which communications were to be intercepted.
(8) The reasons for withholding notice under IC 35-33.5-4-3, if
the notice was withheld. As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004,
SEC.142; P.L.105-2007, SEC.9.
IC 35-33.5-2
Chapter 2. Applications, Procedures, and Reports
IC 35-33.5-2-1 Application for warrant by prosecuting or designated deputy
prosecuting attorney; coapplicant; interception equipment under
control of state police; reimbursement to state police
Sec. 1. (a) A prosecuting attorney or, if the prosecuting attorney
is unavailable, a chief deputy prosecuting attorney specifically
authorized by the prosecuting attorney, may submit an application for
a warrant or an extension to a circuit or superior court where:
(1) the county that the prosecuting attorney represents is
located; and
(2) the communication subject to the warrant is anticipated to
be sent or received.
The prosecuting attorney or authorized chief deputy prosecuting
attorney may not delegate the responsibility of applying for a warrant
or an extension to another deputy prosecuting attorney.
(b) One (1) of the following persons must serve as a coapplicant
for a warrant or an extension under subsection (a):
(1) The superintendent of the state police department.
(2) The police chief of a consolidated city where the
communication subject to the warrant is anticipated to be sent
or received.
(3) The sheriff of the county containing a consolidated city
where the communication subject to the warrant is anticipated
to be sent or received.
(c) Only the state police department may install equipment used
to intercept an electronic communication under this chapter.
(d) The state police department may:
(1) operate or monitor equipment used to intercept an electronic
communication; or
(2) if the interception of an electronic communication is
performed on behalf of another law enforcement agency, permit
the law enforcement agency to operate or monitor the
equipment under the supervision of the department.
(e) The superintendent of the state police department may
terminate an interception under this chapter if the superintendent of
the state police department determines that there is probable cause to
believe that the allegations concerning the offense that are the basis
of the interception are without merit. If an interception of an
electronic communication is terminated under this subsection, the
law enforcement agency that is the co-applicant for the interception
shall reimburse the state police department for the department's
expenses incurred in connection with the application for interception,
including the costs of removing equipment related to the
interception.
(f) If the interception of an electronic communication is
performed on behalf of another law enforcement agency, the law
enforcement agency shall reimburse the department for the
department's expenses in connection with the installation, operation,
and maintenance of equipment used to intercept an electronic
communication. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.6.
IC 35-33.5-2-2 Application or extension in writing and upon oath of affirmation;
information required
Sec. 2. (a) Except as provided in section 3.5 of this chapter, an
application for a warrant or extension must be made in writing and
upon oath or affirmation. Each application must also include the
following:
(1) The identity of the persons submitting the application.
(2) An affidavit setting forth the facts relied upon by an
applicant to show why a warrant should be issued or an
extension granted, including the following:
(A) Facts establishing probable cause for the belief that a
designated offense allegedly has been, is being, or may be
committed.
(B) A description of the nature and location of the facility,
place, or device from which the communication is to be
intercepted.
(C) The identity, if known, of the person allegedly
committing the designated offense whose communication is
to be intercepted.
(D) A description of the type of communication to be
intercepted.
(3) A statement specifying that other investigative procedures:
(A) have been tried and failed; or
(B) may not succeed or are too dangerous to attempt.
(4) A statement of the duration necessary for the interception.
However, if the applicant requests that the authorization for
interception not automatically terminate once the described type
of communication is initially obtained, the application must also
include a description of facts supporting the belief that
additional communications of the same type will occur.
(5) A statement of facts and any action taken by the court
concerning any previous application for a warrant or an
extension that:
(A) has been made to a court under this article;
(B) sought to obtain communications from any of the same
persons, places, or facilities as the current application; and
(C) is known to exist by the persons making the current
application.
(6) If it is reasonably necessary to make a secret entry upon
private property to install an interception device, a statement
describing the following:
(A) The private property.
(B) Who owns and who occupies the private property.
(C) The reasons necessitating secret entry.
(b) In addition to the information required in subsection (a), if an
application is for an extension, the application must contain a
statement setting forth the results obtained from the original warrant
or a reasonable explanation of the failure to obtain results under the
original warrant.
(c) The court may require an applicant to furnish additional
testimony or evidence in support of an application. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.7.
IC 35-33.5-2-3 Allegations of fact; basis; information required; supporting
affidavits
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.
(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.
IC 35-33.5-2-3.5 Alternative procedure for issuance of warrant; requirement for
recording and transcription
Sec. 3.5. (a) A court may issue a warrant without the affidavit
required under section 2 of this chapter, if the court receives sworn
testimony of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio; or
(3) in writing by facsimile (fax) transmission.
In addition, the prosecuting attorney or, if the prosecuting attorney
is unavailable, a chief deputy prosecuting attorney specifically
authorized by the prosecuting attorney, shall inform the court that a
person described in section 1(b) of this chapter has agreed to serve
as a coapplicant of the warrant. The prosecuting attorney or
authorized chief deputy prosecuting attorney may not delegate the
responsibility of applying for a warrant to another deputy prosecuting
attorney.
(b) After the affiant recites the facts required for an affidavit and
verifies the facts recited under penalty of perjury, a prosecuting
attorney or chief deputy prosecuting attorney who applies for a
warrant under subsection (a)(2) shall read to the court from a warrant
form on which the prosecuting attorney or chief deputy prosecuting
attorney enters the information read by the affiant to the court. The
court may direct the prosecuting attorney or chief deputy prosecuting
attorney to modify the warrant. If the court agrees to issue the
warrant, the court shall direct the prosecuting attorney or chief
deputy prosecuting attorney to sign the judge's name to the warrant,
adding the time of the issuance of the warrant.
(c) After transmitting an affidavit, a prosecuting attorney or chief
deputy prosecuting attorney who applies for a warrant under
subsection (a)(3) shall transmit to the court a copy of a warrant form
completed by the prosecuting attorney or chief deputy prosecuting
attorney. The court may modify the transmitted warrant. If the court
agrees to issue the warrant, the court shall transmit to the applicant
a duplicate of the warrant. The judge shall then sign the warrant
retained by the court, adding the time of the issuance of the warrant.
(d) If a warrant is issued under subsection (a)(2), the court shall
record the conversation and order the court reporter to type or
transcribe the recording for entry in the record. The court shall
certify the recording, the transcription, and the warrant retained by
the court for entry in the record.
(e) If a warrant is issued under subsection (a)(3), the court shall
order the court reporter to retype or copy the facsimile transmission
for entry in the record. The court shall certify the transcription or
copy and warrant retained by the court for entry in the record.
(f) The court reporter shall notify the prosecuting attorney or chief
deputy prosecuting attorney who received a warrant under subsection
(a)(2) or (a)(3) when the transcription or copy required under this
section is entered in the record. The prosecuting attorney or chief
deputy prosecuting attorney shall sign the typed, transcribed, or
copied entry upon receiving notice from the court reporter. As added by P.L.105-2007, SEC.8.
IC 35-33.5-2-4 Reports to legislative council on warrants or extensions granted;
reports on arrests or convictions
Sec. 4. (a) Not later than December 31 of each year, a prosecuting
attorney who during that year:
(1) has received a warrant or an extension; or
(2) represents a county in which an arrest or a conviction has
occurred as the result of the warrant or extension;
shall report in an electronic format under IC 5-14-6 the information
described in subsection (b) to the legislative council.
(b) A prosecuting attorney shall report the following information
under subsection (a):
(1) The information required in section 5 of this chapter.
(2) The number of arrests resulting from an interception made
under a warrant or extension and the designated offense for
which each arrest was made.
(3) The number of charges filed as a result of an interception.
(4) The number of motions to suppress made with respect to an
interception and the number of motions granted or denied.
(5) The number of convictions resulting from an interception,
the designated offense for which each conviction was obtained,
and a general assessment of the importance of interception in
obtaining the convictions.
(6) A general description of the interceptions made under a
warrant or an extension, including the following:
(A) The approximate nature and frequency of incriminating
communications intercepted.
(B) The approximate nature and frequency of other
communications intercepted.
(C) The approximate number of persons whose
communications were intercepted.
(D) The approximate nature, amount, and cost of manpower
and other resources used in relation to the interceptions. As added by P.L.161-1990, SEC.3. Amended by P.L.28-2004,
SEC.176.
IC 35-33.5-2-5 Reports to executive director of division of state court
administration on terminations and denials
Sec. 5. Within twenty-eight (28) days after the termination of a
warrant or an extension, or the denial of an application for a warrant
or an extension, the court to which application for the warrant or an
extension was made shall submit a report to the executive director of
the division of state court administration (IC 33-24-6-1) containing
the following information:
(1) The fact that a warrant or an extension was applied for.
(2) The type of warrant or extension applied for.
(3) The fact that the application for a warrant or an extension
was granted, modified, or denied.
(4) The duration authorized for interception by the warrant and
the number and duration of any extensions.
(5) The designated offense for which the warrant or extension
was issued or applied for.
(6) The identity of the persons who applied for the warrant or
extension.
(7) The nature and location of the place, facility, or device from
which communications were to be intercepted.
(8) The reasons for withholding notice under IC 35-33.5-4-3, if
the notice was withheld. As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004,
SEC.142; P.L.105-2007, SEC.9.
