2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 33.5. Interception of Telephonic or Telegraphic Communications
Chapter 3. Duties of the Court
35-33.5-3-1. Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries

Universal Citation: IN Code § 35-33.5-3-1 (2019)
IC 35-33.5-3-1 Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries

Sec. 1. (a) A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following:

(1) Probable cause exists to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.

(2) Communications concerning the designated offense identified in the warrant application are likely to be obtained through the requested interception.

(3) Exigent circumstances are present that require the preservation of secrecy where there is a reasonable likelihood that a continuing investigation would be prevented if a person subject to investigation was alerted to the fact that the investigation was occurring.

(4) A place, facility, or device from which communications are to be intercepted is:

(A) being used or about to be used by;

(B) listed in the name of;

(C) leased to; or

(D) commonly used by;

a person who is committing, has committed, or may commit a designated offense.

(5) Investigative procedures:

(A) have been tried but have failed;

(B) are unlikely to succeed; or

(C) are too dangerous to attempt.

(b) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, the court may examine under oath any person. The court shall order the court reporter to:

(1) prepare a verbatim transcript of an examination made under this subsection; and

(2) attach the transcript to the application for the warrant.

(c) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, if there is no corroborative evidence offered in support of the allegation of probable cause, the court shall inquire in camera concerning:

(1) the identity of any informants; or

(2) any additional information the court considers relevant to a determination of probable cause to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.

(d) The court may modify the application and authorize a warrant or an extension that is more limited in authority for interception than the warrant or extension that was requested by the applicant.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.10.

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