§ 35-33-5-7 — Execution of search warrant; forcible entry; wrongful entry; recovery of damages

Indiana § 35-33-5-7

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

Text

(a) A search warrant issued by a court of record
may be executed according to its terms anywhere in the state. A search
warrant issued by a court that is not a court of record may be executed
according to its terms anywhere in the county of the issuing court.
(b) Except as provided in subsection (f), a search warrant must be:
(1) executed not more than ten (10) days after the date of
issuance; and
(2) returned to the court without unnecessary delay after the
execution.
(c) A search warrant may be executed:
(1) on any day of the week; and
(2) at any time of the day or night.
(d) A law enforcement officer may break open any outer or inner
door or window in order to execute a search warrant, if the officer is
not admitted following an announcement of the officer's authority and
purpose.
(e) 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 or
superior court in the county where the wrongful entry took place.
(f) Notwithstanding section 4 of this chapter, a warrant authorizing
a search, testing, or other analysis of an item, tangible or intangible, is
deemed executed when the item is seized by a law enforcement officer.
A return of a warrant authorizing a search, testing, or other analysis of
an item is sufficient if the return contains a statement indicating that
the item was seized by a law enforcement officer.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.320-1983, SEC.7; P.L.201-2011, SEC.111; P.L.63-2020,
SEC.1.