§ 35-33-7-2 — Probable cause; affidavit or oral presentation under oath; record; determination; detention or release

(a) As used in this section, "affiant" means the
person who submits the facts upon which an arrest has been made:
(1) in a probable cause affidavit; or
(2) to a judicial officer orally, under oath.
(b) At or before the initial hearing of a person arrested without a
warrant for a crime, the facts upon which the arrest was made shall be
submitted to the judicial officer, ex parte, in a probable cause affidavit.
The affidavit must be prepared and filed in accordance with section 8
of this chapter. In lieu of the affidavit or in addition to it, the facts may
be submitted orally under oath to the judicial officer. If facts upon
which the arrest was made are submitted orally, the proceeding shall be
recorded by a court reporter, and, upon request of any party in the case
or upon order of the court, the record of the proceeding shall be
transcribed.
(c) In addition to the facts described in subsection (b), the affiant
shall disclose any known personal, financial, or familial relationship
with:
(1) any party to the investigation; or
(2) any other person involved in the offense described in the
affidavit;
if the relationship could reasonably be perceived to affect the affiant's
objectivity or impartiality.
(d) If the judicial officer determines that there is probable cause to
believe that any crime was committed and that the arrested person
committed it, the judicial officer shall order that the arrested person be
held to answer in the proper court. If the facts submitted do not
establish probable cause or if the prosecuting attorney informs the
judicial officer on the record that no charge will be filed against the
arrested person, the judicial officer shall order that the arrested person
be released immediately.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts
1982, P.L.204, SEC.12; P.L.131-2025, SEC.2.