Indiana § 35-33.5-5-3 Disclosure by law enforcement officer; persons other than officer;
privileged character of communication; offenses not specified in order

Indiana Statutes

§ 35-33.5-5-3 — Disclosure by law enforcement officer; persons other than officer; privileged character of communication; offenses not specified in order

Indiana § 35-33.5-5-3

Art. 33.5INTERCEPTION OF TELEPHONIC OR

Ch. 5Confidentiality of Disclosure, Remedies, and Offenses

This text of Indiana § 35-33.5-5-3 (Disclosure by law enforcement officer; persons other than officer; privileged character of communication; offenses not specified in order) 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 § 35-33.5-5-3 (2026).

Text

(a)A law enforcement officer who has obtained knowledge under this article of the contents of an interception or of evidence derived from that interception may:

(1)disclose the contents to another law enforcement officer; or

(2)use the contents of the interception; only to the extent that use or disclosure of the contents of the interception is appropriate to the proper performance of the official duties of the law enforcement officer.

(b)If a recorded interception is transcribed by order of a court or by a law enforcement agency, only that part of the interception that is relevant to the prosecution of a designated offense may be transcribed.

(c)A person, other than a law enforcement officer, who has received, by a means authorized by this article, information concerning an intercept

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A law enforcement officer who has
obtained knowledge under this article of the contents of an interception
or of evidence derived from that interception may:
(1) disclose the contents to another law enforcement officer; or
(2) use the contents of the interception;
only to the extent that use or disclosure of the contents of the
interception is appropriate to the proper performance of the official
duties of the law enforcement officer.
(b) If a recorded interception is transcribed by order of a court or by
a law enforcement agency, only that part of the interception that is
relevant to the prosecution of a designated offense may be transcribed.
(c) A person, other than a law enforcement officer, who has
received, by a means authorized by this article, information concerning
an interception or evidence derived from an interception under this
article may disclose the contents of the interception or evidence derived
from the interception only while giving testimony under oath or
affirmation in a criminal court proceeding or grand jury proceeding.
This subsection does not apply to a disclosure by a person of the
contents of reports submitted under IC 35-33.5-2-4 and IC 35-33.5-2-5
or to the contents of an interception or evidence derived from an
interception that is either:
(1) maintained in the record of a court proceeding and made
accessible to the public; or
(2) previously disclosed in a court proceeding that is open to the
public.
(d) An otherwise privileged communication that is intercepted in
accordance with or in violation of this article does not lose the
communication's privileged character.
(e) When a law enforcement officer, while engaged in intercepting
communications in a manner authorized by this article, intercepts
communications relating to offenses other than those specified in the
order of authorization, the contents of those interceptions, and evidence
derived from those interceptions, may be disclosed or used as provided
in subsections (a) and (c). The contents and evidence may be used
under subsection (d) when authorized by the court upon a finding, on
subsequent application, that the contents were otherwise intercepted in
accordance with this article. A subsequent application shall be made as
soon as practicable.