Indiana § 35-33.5-2-3 Allegations of fact; basis; information required; supporting affidavits

Indiana Statutes

§ 35-33.5-2-3 — Allegations of fact; basis; information required; supporting affidavits

Indiana § 35-33.5-2-3

Art. 33.5INTERCEPTION OF TELEPHONIC OR

Ch. 2Applications, Procedures, and Reports

This text of Indiana § 35-33.5-2-3 (Allegations of fact; basis; information required; supporting affidavits) 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 § 35-33.5-2-3 (2026).

Text

(a)Allegations of fact in an application for a warrant submitted under this chapter may be based either upon the personal knowledge of the applicant or upon information and belief.

(b)If the applicant personally knows the facts alleged, the applicant shall state that the affidavit is based upon personal knowledge.

(c)If the allegations of fact are derived in whole or in part from the statements of persons other than the applicant:

(1)the sources of the applicant's information and belief must be either disclosed or described;

(2)the application must contain facts establishing the existence and reliability of:

(A)any informant; and

(B)information supplied by any informant; and

(3)the basis of an informant's knowledge or belief must be disclosed, as far as possible.

(d)If the applica

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(a) Allegations of fact in an application for
a warrant submitted under this chapter may be based either upon the
personal knowledge of the applicant or upon information and belief.
(b) If the applicant personally knows the facts alleged, the applicant
shall state that the affidavit is based upon personal knowledge.
(c) If the allegations of fact are derived in whole or in part from the
statements of persons other than the applicant:
(1) the sources of the applicant's information and belief must be
either disclosed or described;
(2) the application must contain facts establishing the existence
and reliability of:
(A) any informant; and
(B) information supplied by any informant; and
(3) the basis of an informant's knowledge or belief must be
disclosed, as far as possible.
(d) If the applicant's information and belief is derived from:
(1) tangible evidence; or
(2) recorded oral evidence;
the applicant shall attach to the application a copy or detailed
description of the tangible evidence or recorded oral evidence.
(e) Affidavits of persons other than the applicant may be attached
to the application if the affidavits of other persons tend to support any
fact or conclusion alleged in the application. An affidavit attached to
the application under this subsection may be based either on personal
knowledge of the affiant or on information and belief. However, if the
attached affidavit is based on information and belief the affiant shall
state the source of, and the reason for, the information and belief.