§ 35-33-5-14 — Notice to news media concerning search warrants

Indiana § 35-33-5-14

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 5: Search and Seizure

Text

(a) For purposes of IC 34-46-4 (Journalist's
Privilege Against Disclosure of Information Source) and subject to
subsection (b), if:
(1) a governmental entity requests that a court issue a search
warrant to a provider of:
(A) electronic communication service; or
(B) remote computing service; and
(2) the search warrant seeks information or communications
concerning a news media entity or a person otherwise described
in IC 34-46-4-1;
the news media entity or person described in IC 34-46-4-1 shall be
given reasonable and timely notice of the search warrant request and
shall be given an opportunity to be heard by the court concerning the
issuance of the search warrant before the search warrant is issued.
(b) If:
(1) the search warrant that would be issued to a provider
described in subsection (a)(1) concerns a criminal investigation
in which the news media entity or person described in IC 34-46-4-1 is a target of the criminal investigation; and
(2) the notice that would be provided to the news media entity or
person described in IC 34-46-4-1 under subsection (a) would pose
a clear and substantial threat to the integrity of the criminal
investigation;
the governmental entity shall certify the threat to the court and notice
of the search warrant shall be given to the news media entity or person
described in IC 34-46-4-1 as soon as the court determines that the
notice no longer poses a clear and substantial threat to the integrity of
the criminal investigation.

Legislative History

As added by P.L.170-2014, SEC.24.