§ 35-37-4-5 — Evidence unlawfully obtained by officer in good faith; exclusion

Indiana § 35-37-4-5

• Jurisdiction: Indiana
• Art. 37: TRIAL PROCEDURE
• Ch. 4: Evidence and Protection of Certain Witnesses

Text

(a) In a prosecution for a crime or a proceeding
to enforce an ordinance or a statute defining an infraction, the court
may not grant a motion to exclude evidence on the grounds that the
search or seizure by which the evidence was obtained was unlawful if
the evidence was obtained by a law enforcement officer in good faith.
(b) For purposes of this section, evidence is obtained by a law
enforcement officer in good faith if:
(1) it is obtained pursuant to:
(A) a search warrant that was properly issued upon a
determination of probable cause by a neutral and detached
magistrate, that is free from obvious defects other than
nondeliberate errors made in its preparation, and that was
reasonably believed by the law enforcement officer to be valid;
or
(B) a state statute, judicial precedent, or court rule that is later
declared unconstitutional or otherwise invalidated; and
(2) the law enforcement officer, at the time he obtains the
evidence, has satisfied applicable minimum basic training
requirements established by rules adopted by the law enforcement
training board under IC 5-2-1-9.
(c) This section does not affect the right of a person to bring a civil
action against a law enforcement officer or a governmental entity to
recover damages for the violation of his rights by an unlawful search
and seizure.

Legislative History

As added by P.L.323-1983, SEC.1.