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 warrant
or an extension for a period longer than is necessary to achieve the
objective of the warrant or extension. Except as provided in
subsection (d), a warrant and each extension may authorize
interception for not more than thirty (30) days. A court that issues a
warrant or an extension shall order that the authorized interception
must:
(1) occur within ten (10) days after the court issues the warrant
or extension;
(2) be conducted in a manner that minimizes the interception of
a communication that is clearly irrelevant to the investigation of
a designated offense; and
(3) terminate upon completion of the authorized objective or
within thirty (30) days after the interception begins, whichever
occurs first.
(b) A court may grant not more than three (3) extensions.
(c) A warrant or an extension may direct that a person
immediately furnish an applicant all information, facilities, and
technical assistance within that person's control necessary to
accomplish the interception with a minimum of interference with the
services that the person is furnishing to the person whose
communication is to be intercepted. The applicant shall compensate
a person furnishing facilities or technical assistance to the applicant
at the prevailing rates.
(d) A warrant issued under IC 35-33.5-2-3.5 expires after
twenty-four (24) hours, unless:
(1) the court that issued the warrant established a shorter period
of expiration; or
(2) the warrant is extended in accordance with section 2 of this
chapter.
A warrant extended in accordance with section 2 of this chapter
expires 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 this
article, the court shall order that reports be submitted to the court
indicating the progress that has been made toward the authorized
objective and whether continued interception is necessary. The court
may 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 been
intercepted; postponement of inventory services
Sec. 3. (a) Within sixty (60) days after the termination of a
warrant or an extension, the court shall cause to be served upon each
person from whom communication was to be intercepted and upon
any other party to an interception whom the court determines it is in
the interest of justice to serve, an inventory that includes notice of
the following:
(1) The date that the application for the warrant or extension
was 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 warrant
was intercepted during the authorized time.
(b) The court may make available for inspection, to any person
whose communications have been intercepted under a warrant issued
under this chapter and who makes a request, any part of the
applications, warrants, extensions and recordings that the court
determines to be in the interest of justice. On an ex parte showing of
good cause to the issuing court, the serving of the inventory required
by this section may be postponed.
(c) If a party moves the court for postponement of service of the
inventory required under subsection (a) on the grounds that secrecy
is 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's
belief 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 a
warrant, a court may suppress the contents of or evidence derived
from an interception based on:
(1) the grounds that the communication was intercepted in
violation of this article;
(2) the grounds that the warrant or extension under which the
communication was intercepted is insufficient on the face the
warrant or extension;
(3) the grounds that the interception was not made in
conformity with the warrant or extension;
(4) the grounds that a material defect, such as the failure to
comply with the requirements that limit the use of authorized
interceptions, exists in the application, the warrant, or the
process of executing the warrant; or
(5) any other grounds that are a basis for suppressing the
evidence.
(b) A court may not suppress the contents of or evidence derived
from an interception if the motion to suppress is based on an
immaterial defect in the application, the warrant, or the process of
executing 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 aggrieved
person; 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 the
interception are considered to have been obtained in violation of this
article. The court, upon the filing of the motion by an aggrieved
person, may make available for inspection to the aggrieved person,
or the person's attorney, any part of the interception or evidence
derived from the interception that the court determines to be in the
interest of justice.
(b) In addition to any other right to appeal, the state may appeal
from an order granting a motion to suppress made under this section
if the prosecuting attorney certifies to the court granting the motion
that the appeal is not taken for purpose of delay. The state must file
the appeal in accordance with the rules adopted by the Indiana
supreme court. As added by P.L.161-1990, SEC.3.
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 warrant
or an extension for a period longer than is necessary to achieve the
objective of the warrant or extension. Except as provided in
subsection (d), a warrant and each extension may authorize
interception for not more than thirty (30) days. A court that issues a
warrant or an extension shall order that the authorized interception
must:
(1) occur within ten (10) days after the court issues the warrant
or extension;
(2) be conducted in a manner that minimizes the interception of
a communication that is clearly irrelevant to the investigation of
a designated offense; and
(3) terminate upon completion of the authorized objective or
within thirty (30) days after the interception begins, whichever
occurs first.
(b) A court may grant not more than three (3) extensions.
(c) A warrant or an extension may direct that a person
immediately furnish an applicant all information, facilities, and
technical assistance within that person's control necessary to
accomplish the interception with a minimum of interference with the
services that the person is furnishing to the person whose
communication is to be intercepted. The applicant shall compensate
a person furnishing facilities or technical assistance to the applicant
at the prevailing rates.
(d) A warrant issued under IC 35-33.5-2-3.5 expires after
twenty-four (24) hours, unless:
(1) the court that issued the warrant established a shorter period
of expiration; or
(2) the warrant is extended in accordance with section 2 of this
chapter.
A warrant extended in accordance with section 2 of this chapter
expires 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 this
article, the court shall order that reports be submitted to the court
indicating the progress that has been made toward the authorized
objective and whether continued interception is necessary. The court
may 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 been
intercepted; postponement of inventory services
Sec. 3. (a) Within sixty (60) days after the termination of a
warrant or an extension, the court shall cause to be served upon each
person from whom communication was to be intercepted and upon
any other party to an interception whom the court determines it is in
the interest of justice to serve, an inventory that includes notice of
the following:
(1) The date that the application for the warrant or extension
was 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 warrant
was intercepted during the authorized time.
(b) The court may make available for inspection, to any person
whose communications have been intercepted under a warrant issued
under this chapter and who makes a request, any part of the
applications, warrants, extensions and recordings that the court
determines to be in the interest of justice. On an ex parte showing of
good cause to the issuing court, the serving of the inventory required
by this section may be postponed.
(c) If a party moves the court for postponement of service of the
inventory required under subsection (a) on the grounds that secrecy
is 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's
belief 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 a
warrant, a court may suppress the contents of or evidence derived
from an interception based on:
(1) the grounds that the communication was intercepted in
violation of this article;
(2) the grounds that the warrant or extension under which the
communication was intercepted is insufficient on the face the
warrant or extension;
(3) the grounds that the interception was not made in
conformity with the warrant or extension;
(4) the grounds that a material defect, such as the failure to
comply with the requirements that limit the use of authorized
interceptions, exists in the application, the warrant, or the
process of executing the warrant; or
(5) any other grounds that are a basis for suppressing the
evidence.
(b) A court may not suppress the contents of or evidence derived
from an interception if the motion to suppress is based on an
immaterial defect in the application, the warrant, or the process of
executing 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 aggrieved
person; 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 the
interception are considered to have been obtained in violation of this
article. The court, upon the filing of the motion by an aggrieved
person, may make available for inspection to the aggrieved person,
or the person's attorney, any part of the interception or evidence
derived from the interception that the court determines to be in the
interest of justice.
(b) In addition to any other right to appeal, the state may appeal
from an order granting a motion to suppress made under this section
if the prosecuting attorney certifies to the court granting the motion
that the appeal is not taken for purpose of delay. The state must file
the appeal in accordance with the rules adopted by the Indiana
supreme court. As added by P.L.161-1990, SEC.3.
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 warrant
or an extension for a period longer than is necessary to achieve the
objective of the warrant or extension. Except as provided in
subsection (d), a warrant and each extension may authorize
interception for not more than thirty (30) days. A court that issues a
warrant or an extension shall order that the authorized interception
must:
(1) occur within ten (10) days after the court issues the warrant
or extension;
(2) be conducted in a manner that minimizes the interception of
a communication that is clearly irrelevant to the investigation of
a designated offense; and
(3) terminate upon completion of the authorized objective or
within thirty (30) days after the interception begins, whichever
occurs first.
(b) A court may grant not more than three (3) extensions.
(c) A warrant or an extension may direct that a person
immediately furnish an applicant all information, facilities, and
technical assistance within that person's control necessary to
accomplish the interception with a minimum of interference with the
services that the person is furnishing to the person whose
communication is to be intercepted. The applicant shall compensate
a person furnishing facilities or technical assistance to the applicant
at the prevailing rates.
(d) A warrant issued under IC 35-33.5-2-3.5 expires after
twenty-four (24) hours, unless:
(1) the court that issued the warrant established a shorter period
of expiration; or
(2) the warrant is extended in accordance with section 2 of this
chapter.
A warrant extended in accordance with section 2 of this chapter
expires 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 this
article, the court shall order that reports be submitted to the court
indicating the progress that has been made toward the authorized
objective and whether continued interception is necessary. The court
may 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 been
intercepted; postponement of inventory services
Sec. 3. (a) Within sixty (60) days after the termination of a
warrant or an extension, the court shall cause to be served upon each
person from whom communication was to be intercepted and upon
any other party to an interception whom the court determines it is in
the interest of justice to serve, an inventory that includes notice of
the following:
(1) The date that the application for the warrant or extension
was 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 warrant
was intercepted during the authorized time.
(b) The court may make available for inspection, to any person
whose communications have been intercepted under a warrant issued
under this chapter and who makes a request, any part of the
applications, warrants, extensions and recordings that the court
determines to be in the interest of justice. On an ex parte showing of
good cause to the issuing court, the serving of the inventory required
by this section may be postponed.
(c) If a party moves the court for postponement of service of the
inventory required under subsection (a) on the grounds that secrecy
is 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's
belief 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 a
warrant, a court may suppress the contents of or evidence derived
from an interception based on:
(1) the grounds that the communication was intercepted in
violation of this article;
(2) the grounds that the warrant or extension under which the
communication was intercepted is insufficient on the face the
warrant or extension;
(3) the grounds that the interception was not made in
conformity with the warrant or extension;
(4) the grounds that a material defect, such as the failure to
comply with the requirements that limit the use of authorized
interceptions, exists in the application, the warrant, or the
process of executing the warrant; or
(5) any other grounds that are a basis for suppressing the
evidence.
(b) A court may not suppress the contents of or evidence derived
from an interception if the motion to suppress is based on an
immaterial defect in the application, the warrant, or the process of
executing 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 aggrieved
person; 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 the
interception are considered to have been obtained in violation of this
article. The court, upon the filing of the motion by an aggrieved
person, may make available for inspection to the aggrieved person,
or the person's attorney, any part of the interception or evidence
derived from the interception that the court determines to be in the
interest of justice.
(b) In addition to any other right to appeal, the state may appeal
from an order granting a motion to suppress made under this section
if the prosecuting attorney certifies to the court granting the motion
that the appeal is not taken for purpose of delay. The state must file
the appeal in accordance with the rules adopted by the Indiana
supreme court. As added by P.L.161-1990, SEC.3.
