§ 35-49-2-3 — Arrest; search; seizure of matter; motion pictures

Indiana § 35-49-2-3

• Jurisdiction: Indiana
• Art. 49: OBSCENITY AND PORNOGRAPHY
• Ch. 2: General Provisions

Text

(a) Whenever a person:
(1) offers matter for distribution to the public as stock-in-trade of
a lawful business or activity; or
(2) exhibits matter at a commercial theater showing regularly
scheduled performances to the general public;
the person may be arrested under this article only if the arresting officer
has first obtained an arrest warrant, and matter may be seized as
evidence only if a search warrant has first been obtained.
(b) The quantity of matter seized may encompass no more than is
reasonable and necessary for the purpose of obtaining evidence.
(c) If:
(1) the subject of a seizure under this chapter is a motion picture
that is allegedly harmful to minors; and
(2) the defendant or owner of the motion picture proves that other
copies of the motion picture are not available for exhibition;
the court shall order that the defendant or owner may, at his own
expense, copy the motion picture and continue showing the motion
picture to adults pending a preliminary determination under section
4(b) of this chapter.

Legislative History

As added by P.L.311-1983, SEC.33.