§ 35-33-5-2 — Affidavit; descriptions; information to establish credibility of hearsay; form

Indiana § 35-33-5-2

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

Text

(a) Except as provided in section 8 of this
chapter, and subject to the requirements of section 11 of this chapter,
if applicable, no warrant for search or arrest shall be issued until there
is filed with the judge an affidavit:
(1) particularly describing:
(A) the house or place to be searched and the things to be
searched for; or
(B) particularly describing the person to be arrested;
(2) alleging substantially the offense in relation thereto and that
the affiant believes and has good cause to believe that:
(A) the things sought are concealed there; or
(B) the person to be arrested committed the offense; and
(3) setting forth the facts known to the affiant through personal
knowledge or based on hearsay, constituting the probable cause.
(b) When based on hearsay, the affidavit must either:
(1) contain reliable information establishing the credibility of the
source and of each of the declarants of the hearsay and
establishing that there is a factual basis for the information
furnished; or
(2) contain information that establishes that the totality of the
circumstances corroborates the hearsay.
(c) An affidavit for search substantially in the following form shall
be treated as sufficient:
A B swears (or affirms, as the case may be) that he believes and
has good cause to believe (here set forth the facts and
information constituting the probable cause) that (here describe
the things to be searched for and the offense in relation thereto)
are concealed in or about the (here describe the house or place)
of C D, situated in the county of _____________________, in
said state.
In accordance with Indiana Trial Rule 11, I affirm under the
penalties for perjury that the foregoing representations are true.
_______________________________________
(Signed) Affiant Date
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.177-1984, SEC.1; P.L.161-1990, SEC.1; P.L.1-1991, SEC.190;
P.L.2-2005, SEC.117; P.L.170-2014, SEC.17.