§ 35-33.5-2-3.5 — Alternative procedure for issuance of warrant; requirement for recording and transcription

Indiana § 35-33.5-2-3.5

• Jurisdiction: Indiana
• Art. 33.5: INTERCEPTION OF TELEPHONIC OR
• Ch. 2: Applications, Procedures, and Reports

Text

5. (a) A court may issue a warrant without
the affidavit required under section 2 of this chapter, if the court
receives sworn testimony of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio; or
(3) in writing by facsimile (fax) transmission.
In addition, the prosecuting attorney or, if the prosecuting attorney is
unavailable, a chief deputy prosecuting attorney specifically authorized
by the prosecuting attorney, shall inform the court that a person
described in section 1(b) of this chapter has agreed to serve as a
coapplicant of the warrant. The prosecuting attorney or authorized
chief deputy prosecuting attorney may not delegate the responsibility
of applying for a warrant to another deputy prosecuting attorney.
(b) After the affiant recites the facts required for an affidavit and
verifies the facts recited under penalty of perjury, a prosecuting
attorney or chief deputy prosecuting attorney who applies for a warrant
under subsection (a)(2) shall read to the court from a warrant form on
which the prosecuting attorney or chief deputy prosecuting attorney
enters the information read by the affiant to the court. The court may
direct the prosecuting attorney or chief deputy prosecuting attorney to
modify the warrant. If the court agrees to issue the warrant, the court
shall direct the prosecuting attorney or chief deputy prosecuting
attorney to sign the judge's name to the warrant, adding the time of the
issuance of the warrant.
(c) After transmitting an affidavit, a prosecuting attorney or chief
deputy prosecuting attorney who applies for a warrant under subsection
(a)(3) shall transmit to the court a copy of a warrant form completed by
the prosecuting attorney or chief deputy prosecuting attorney. The court
may modify the transmitted warrant. If the court agrees to issue the
warrant, the court shall transmit to the applicant a duplicate of the
warrant. The judge shall then sign the warrant retained by the court,
adding the time of the issuance of the warrant.
(d) If a warrant is issued under subsection (a)(2), the court shall
record the conversation and order the court reporter to type or
transcribe the recording for entry in the record. The court shall certify
the recording, the transcription, and the warrant retained by the court
for entry in the record.
(e) If a warrant is issued under subsection (a)(3), the court shall
order the court reporter to retype or copy the facsimile transmission for
entry in the record. The court shall certify the transcription or copy and
warrant retained by the court for entry in the record.
(f) The court reporter shall notify the prosecuting attorney or chief
deputy prosecuting attorney who received a warrant under subsection
(a)(2) or (a)(3) when the transcription or copy required under this
section is entered in the record. The prosecuting attorney or chief
deputy prosecuting attorney shall sign the typed, transcribed, or copied
entry upon receiving notice from the court reporter.

Legislative History

As added by P.L.105-2007, SEC.8.