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 been
arrested or otherwise brought within the custody of the court, the
court, without making a determination of probable cause, shall issue
a warrant for the arrest of the defendant.
(b) Whenever an information is filed and the defendant has not
been arrested or otherwise brought within the custody of the court,
the court shall issue a warrant for the arrest of the defendant after
first 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 the
commission of an offense; or
(2) a judge has determined that probable cause exists that the
person committed a crime and an information has been filed
charging 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 name
is unknown, shall designate such person by any name or
description by which he can be identified with reasonable
certainty;
(3) set forth the nature of the offense for which the warrant is
issued;
(4) state the date and county of issuance;
(5) be signed by the clerk or the judge of the court with the title
of his office;
(6) command that the person against whom the indictment or
information was filed be arrested and brought before the court
issuing 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, and
hold that person to bail in the sum of _______ dollars, to answer in
the _______ Court of ________ County, in the State of Indiana, an
information or indictment for ____________.
And for want of bail commit him to the jail of the County, and
thereafter without unnecessary delay to bring him before the said
court.
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
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.2-2005,
SEC.115.
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 where
the indictment or information is filed. This warrant may be served or
arrests 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 inner
door or window in order to execute an arrest warrant, if he is not
admitted following an announcement of his authority and purpose.
(c) The accused person shall be delivered to the sheriff of the
county in which the indictment or information was filed, and the
sheriff shall commit the accused person to jail or hold him to bail as
provided in this article.
(d) A person or persons whose property is wrongfully damaged or
whose person is wrongfully injured by any law enforcement officer
or officers who wrongfully enter may recover such damage from the
responsible authority and the law enforcement officer or officers as
the court may determine. The action may be filed in the circuit court,
superior court or county court in the county where the wrongful entry
took 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 hundred
eighty (180) days after it is issued. A warrant of arrest for a felony
and a rearrest warrant for any offense do not expire. A sheriff who
has an expired warrant shall make a return on the warrant stating that
it has expired and shall return it to the clerk of the court that issued
it. The clerk shall enter the fact that the warrant has expired in his
records and shall notify the prosecuting attorney of the county that
the 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 the
charge has been dismissed. The sheriff shall notify any law
enforcement officer to whom the arrest warrant or summons has been
delivered that it has been revoked. As added by Acts 1981, P.L.298, SEC.2.
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 been
arrested or otherwise brought within the custody of the court, the
court, without making a determination of probable cause, shall issue
a warrant for the arrest of the defendant.
(b) Whenever an information is filed and the defendant has not
been arrested or otherwise brought within the custody of the court,
the court shall issue a warrant for the arrest of the defendant after
first 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 the
commission of an offense; or
(2) a judge has determined that probable cause exists that the
person committed a crime and an information has been filed
charging 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 name
is unknown, shall designate such person by any name or
description by which he can be identified with reasonable
certainty;
(3) set forth the nature of the offense for which the warrant is
issued;
(4) state the date and county of issuance;
(5) be signed by the clerk or the judge of the court with the title
of his office;
(6) command that the person against whom the indictment or
information was filed be arrested and brought before the court
issuing 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, and
hold that person to bail in the sum of _______ dollars, to answer in
the _______ Court of ________ County, in the State of Indiana, an
information or indictment for ____________.
And for want of bail commit him to the jail of the County, and
thereafter without unnecessary delay to bring him before the said
court.
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
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.2-2005,
SEC.115.
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 where
the indictment or information is filed. This warrant may be served or
arrests 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 inner
door or window in order to execute an arrest warrant, if he is not
admitted following an announcement of his authority and purpose.
(c) The accused person shall be delivered to the sheriff of the
county in which the indictment or information was filed, and the
sheriff shall commit the accused person to jail or hold him to bail as
provided in this article.
(d) A person or persons whose property is wrongfully damaged or
whose person is wrongfully injured by any law enforcement officer
or officers who wrongfully enter may recover such damage from the
responsible authority and the law enforcement officer or officers as
the court may determine. The action may be filed in the circuit court,
superior court or county court in the county where the wrongful entry
took 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 hundred
eighty (180) days after it is issued. A warrant of arrest for a felony
and a rearrest warrant for any offense do not expire. A sheriff who
has an expired warrant shall make a return on the warrant stating that
it has expired and shall return it to the clerk of the court that issued
it. The clerk shall enter the fact that the warrant has expired in his
records and shall notify the prosecuting attorney of the county that
the 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 the
charge has been dismissed. The sheriff shall notify any law
enforcement officer to whom the arrest warrant or summons has been
delivered that it has been revoked. As added by Acts 1981, P.L.298, SEC.2.
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 been
arrested or otherwise brought within the custody of the court, the
court, without making a determination of probable cause, shall issue
a warrant for the arrest of the defendant.
(b) Whenever an information is filed and the defendant has not
been arrested or otherwise brought within the custody of the court,
the court shall issue a warrant for the arrest of the defendant after
first 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 the
commission of an offense; or
(2) a judge has determined that probable cause exists that the
person committed a crime and an information has been filed
charging 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 name
is unknown, shall designate such person by any name or
description by which he can be identified with reasonable
certainty;
(3) set forth the nature of the offense for which the warrant is
issued;
(4) state the date and county of issuance;
(5) be signed by the clerk or the judge of the court with the title
of his office;
(6) command that the person against whom the indictment or
information was filed be arrested and brought before the court
issuing 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, and
hold that person to bail in the sum of _______ dollars, to answer in
the _______ Court of ________ County, in the State of Indiana, an
information or indictment for ____________.
And for want of bail commit him to the jail of the County, and
thereafter without unnecessary delay to bring him before the said
court.
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
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.2-2005,
SEC.115.
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 where
the indictment or information is filed. This warrant may be served or
arrests 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 inner
door or window in order to execute an arrest warrant, if he is not
admitted following an announcement of his authority and purpose.
(c) The accused person shall be delivered to the sheriff of the
county in which the indictment or information was filed, and the
sheriff shall commit the accused person to jail or hold him to bail as
provided in this article.
(d) A person or persons whose property is wrongfully damaged or
whose person is wrongfully injured by any law enforcement officer
or officers who wrongfully enter may recover such damage from the
responsible authority and the law enforcement officer or officers as
the court may determine. The action may be filed in the circuit court,
superior court or county court in the county where the wrongful entry
took 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 hundred
eighty (180) days after it is issued. A warrant of arrest for a felony
and a rearrest warrant for any offense do not expire. A sheriff who
has an expired warrant shall make a return on the warrant stating that
it has expired and shall return it to the clerk of the court that issued
it. The clerk shall enter the fact that the warrant has expired in his
records and shall notify the prosecuting attorney of the county that
the 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 the
charge has been dismissed. The sheriff shall notify any law
enforcement officer to whom the arrest warrant or summons has been
delivered that it has been revoked. As added by Acts 1981, P.L.298, SEC.2.
