Indiana § 35-33.5-2-2 Application or extension in writing and upon oath of affirmation;
information required

Indiana Statutes

§ 35-33.5-2-2 — Application or extension in writing and upon oath of affirmation; information required

Indiana § 35-33.5-2-2

Art. 33.5INTERCEPTION OF TELEPHONIC OR

Ch. 2Applications, Procedures, and Reports

This text of Indiana § 35-33.5-2-2 (Application or extension in writing and upon oath of affirmation; information required) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-33.5-2-2 (2026).

Text

(a)Except as provided in section 3.5 of this chapter, an application for a warrant or extension must be made in writing and upon oath or affirmation. Each application must also include the following:

(1)The identity of the persons submitting the application.

(2)An affidavit setting forth the facts relied upon by an applicant to show why a warrant should be issued or an extension granted, including the following:

(A)Facts establishing probable cause for the belief that a designated offense allegedly has been, is being, or may be committed.

(B)A description of the nature and location of the facility, place, or device from which the communication is to be intercepted.

(C)The identity, if known, of the person allegedly committing the designated offense whose communication is to be interc

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(a) Except as provided in section 3.5 of this
chapter, an application for a warrant or extension must be made in
writing and upon oath or affirmation. Each application must also
include the following:
(1) The identity of the persons submitting the application.
(2) An affidavit setting forth the facts relied upon by an applicant
to show why a warrant should be issued or an extension granted,
including the following:
(A) Facts establishing probable cause for the belief that a
designated offense allegedly has been, is being, or may be
committed.
(B) A description of the nature and location of the facility,
place, or device from which the communication is to be
intercepted.
(C) The identity, if known, of the person allegedly committing
the designated offense whose communication is to be
intercepted.
(D) A description of the type of communication to be
intercepted.
(3) A statement specifying that other investigative procedures:
(A) have been tried and failed; or
(B) may not succeed or are too dangerous to attempt.
(4) A statement of the duration necessary for the interception.
However, if the applicant requests that the authorization for
interception not automatically terminate once the described type
of communication is initially obtained, the application must also
include a description of facts supporting the belief that additional
communications of the same type will occur.
(5) A statement of facts and any action taken by the court
concerning any previous application for a warrant or an extension
that:
(A) has been made to a court under this article;
(B) sought to obtain communications from any of the same
persons, places, or facilities as the current application; and
(C) is known to exist by the persons making the current
application.
(6) If it is reasonably necessary to make a secret entry upon
private property to install an interception device, a statement
describing the following:
(A) The private property.
(B) Who owns and who occupies the private property.
(C) The reasons necessitating secret entry.
(b) In addition to the information required in subsection (a), if an
application is for an extension, the application must contain a statement
setting forth the results obtained from the original warrant or a
reasonable explanation of the failure to obtain results under the original
warrant.
(c) The court may require an applicant to furnish additional
testimony or evidence in support of an application.