Indiana § 35-33.5-3-1 Authorization of warrant or extension; determinations by court;
examinations under oath; in camera inquiries

Indiana Statutes

§ 35-33.5-3-1 — Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries

Indiana § 35-33.5-3-1

Art. 33.5INTERCEPTION OF TELEPHONIC OR

Ch. 3Duties of the Court

This text of Indiana § 35-33.5-3-1 (Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries) 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 § 35-33.5-3-1 (2026).

Text

(a)A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following:

(1)Probable cause exists to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.

(2)Communications concerning the designated offense identified in the warrant application are likely to be obtained through the requested interception.

(3)Exigent circumstances are present that require the preservation of secrecy where there is a reasonable likelihood that a continuing investigation would be prevented if a person subject to investigation was alerted to the fact that the investigation was occurring.

(4)A place, facility, or device from which communications are

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(a) A court may enter an order authorizing a
warrant or an extension if, based on the facts submitted by an applicant,
the court determines the following:
(1) Probable cause exists to believe that the person whose
communications are to be intercepted is committing, has
committed, or may commit a designated offense.
(2) Communications concerning the designated offense identified
in the warrant application are likely to be obtained through the
requested interception.
(3) Exigent circumstances are present that require the
preservation of secrecy where there is a reasonable likelihood that
a continuing investigation would be prevented if a person subject
to investigation was alerted to the fact that the investigation was
occurring.
(4) A place, facility, or device from which communications are to
be intercepted is:
(A) being used or about to be used by;
(B) listed in the name of;
(C) leased to; or
(D) commonly used by;
a person who is committing, has committed, or may commit a
designated offense.
(5) Investigative procedures:
(A) have been tried but have failed;
(B) are unlikely to succeed; or
(C) are too dangerous to attempt.
(b) In making a determination of probable cause required under
subsection (a)(1) before a warrant may be issued by the court, the court
may examine under oath any person. The court shall order the court
reporter to:
(1) prepare a verbatim transcript of an examination made under
this subsection; and
(2) attach the transcript to the application for the warrant.
(c) In making a determination of probable cause required under
subsection (a)(1) before a warrant may be issued by the court, if there
is no corroborative evidence offered in support of the allegation of
probable cause, the court shall inquire in camera concerning:
(1) the identity of any informants; or
(2) any additional information the court considers relevant to a
determination of probable cause to believe that the person whose
communications are to be intercepted is committing, has
committed, or may commit a designated offense.
(d) The court may modify the application and authorize a warrant or
an extension that is more limited in authority for interception than the
warrant or extension that was requested by the applicant.