§ 35-33-5-8 — Issue of warrant without affidavit; types of sworn testimony; procedures; perjury

Indiana § 35-33-5-8

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

Text

(a) A judge may issue a search or arrest
warrant without the affidavit required under section 2 of this chapter,
if the judge receives testimony subject to the penalties for perjury of the
same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone, radio, or similar electronic means;
(3) in writing by facsimile transmission (FAX); or
(4) in writing by electronic mail or other electronic transmission.
(b) If a warrant is issued under subsection (a)(1), the judge shall
order the court reporter to type or transcribe the testimony from the
hearing for entry in the record. The judge shall then certify the
transcript.
(c) After reciting the facts required for an affidavit and verifying the
facts recited under penalty of perjury, an applicant for a warrant under
subsection (a)(2) shall read to the judge from a warrant form on which
the applicant enters the information read by the applicant to the judge.
The judge may direct the applicant to modify the warrant. If the judge
agrees to issue the warrant, the judge shall direct the applicant to sign
the judge's name to the warrant, adding the time of the issuance of the
warrant.
(d) After transmitting an affidavit, an applicant for a warrant under
subsection (a)(3) or (a)(4) shall transmit to the judge a copy of a
warrant form completed by the applicant. The judge may modify the
transmitted warrant. If the judge agrees to issue the warrant, the judge
shall sign, affix the date and time, and transmit to the applicant a
duplicate of the warrant.
(e) If a warrant is issued under subsection (a)(2), the conversation
shall be recorded on audio tape or electronically. The recording shall
be typed or transcribed for entry in the record. The judge shall certify
the audio tape or electronic recording, the transcription, and the
warrant retained by the judge for entry in the record. The prosecuting
attorney and law enforcement agency shall maintain, and provide to the
defendant in discovery, all relevant requests for warrants, including any
relevant warrants that may have been denied by the court, and any
recordings of the conversation that was transcribed.
(f) If a warrant is issued under subsection (a)(3), the facsimile copy
of the affidavit and warrant sent to the judge shall be retained as if they
were the originals. If a warrant is issued under subsection (a)(4), the
electronically transmitted copy of the affidavit and warrant sent to the
judge shall be printed and retained as if they were the originals.
(g) The court reporter shall notify the applicant who received a
warrant under subsection (a)(1) or (a)(2) when the transcription
required under this section is entered in the record. The applicant shall
sign the transcribed entry upon receiving notice from the court reporter.
(h) The affiant and the judge may use an electronic signature on the
affidavit and warrant. An electronic signature may be indicated by
"s/Affiant's Name" or "s/Judge's Name" or by any other electronic
means that identifies the affiant or judge and indicates that the affiant
or judge adopts the contents of the document to which the electronic
signature is affixed.

Legislative History

As added by P.L.161-1990, SEC.2. Amended by P.L.170-2014, SEC.18; P.L.113-2025, SEC.1.