2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 33.5. Interception of Telephonic or Telegraphic Communications
Chapter 2. Applications, Procedures, and Reports
35-33.5-2-2. Application or extension in writing and upon oath of affirmation; information required

Universal Citation: IN Code § 35-33.5-2-2 (2019)
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.

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