Indiana § 35-33.5-4-4 Suppression of evidence; basis

Indiana Statutes

§ 35-33.5-4-4 — Suppression of evidence; basis

Indiana § 35-33.5-4-4

Art. 33.5INTERCEPTION OF TELEPHONIC OR

Ch. 4Procedures Regarding Intercepted Communications

This text of Indiana § 35-33.5-4-4 (Suppression of evidence; basis) 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 § 35-33.5-4-4 (2026).

Text

(a)Upon a motion to suppress evidence arising from a warrant, a court may suppress the contents of or evidence derived from an interception based on:

(1)the grounds that the communication was intercepted in violation of this article;

(2)the grounds that the warrant or extension under which the communication was intercepted is insufficient on the face the warrant or extension;

(3)the grounds that the interception was not made in conformity with the warrant or extension;

(4)the grounds that a material defect, such as the failure to comply with the requirements that limit the use of authorized interceptions, exists in the application, the warrant, or the process of executing the warrant; or

(5)any other grounds that are a basis for suppressing the evidence.

(b)A court may not suppress

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(a) Upon a motion to suppress evidence
arising from a warrant, a court may suppress the contents of or
evidence derived from an interception based on:
(1) the grounds that the communication was intercepted in
violation of this article;
(2) the grounds that the warrant or extension under which the
communication was intercepted is insufficient on the face the
warrant or extension;
(3) the grounds that the interception was not made in conformity
with the warrant or extension;
(4) the grounds that a material defect, such as the failure to
comply with the requirements that limit the use of authorized
interceptions, exists in the application, the warrant, or the process
of executing the warrant; or
(5) any other grounds that are a basis for suppressing the
evidence.
(b) A court may not suppress the contents of or evidence derived
from an interception if the motion to suppress is based on an
immaterial defect in the application, the warrant, or the process of
executing the warrant.