Indiana Search and Seizure Warrant on Oral Testimony

State:
Indiana
Control #:
IN-AO-98
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PDF
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Search and Seizure Warrant on Oral Testimony

Indiana Search and Seizure Warrant on Oral Testimony allows for a law enforcement officer to obtain a warrant, based on sworn testimony, to search a certain place, person, or object for evidence of a crime. This type of warrant may be issued when there is probable cause to believe that a crime has been committed, and that evidence of the criminal activity may be found at the search location. The warrant must be issued by a judge, and must be based on sworn testimony from a law enforcement officer or other credible witness. There are two types of Indiana Search and Seizure Warrant on Oral Testimony: a search warrant and a seizure warrant. A search warrant allows a law enforcement officer to search a certain place, person, or object for evidence of a crime. A seizure warrant authorizes a law enforcement officer to seize evidence of a crime.

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FAQ

Section 35-33.5-5-5 - Nonapplicability to interceptions authorized under federal law; classification of offenses (a) This section does not apply to a person who makes an interception authorized under federal law.

No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

WHILE IT REMAINS THE BEST POLICY FOR POLICE TO OBTAIN A WARRANT WHENEVER PRACTICABLE, WARRANTLESS SEARCHES HAVE BEEN UPHELD WHEN INCIDENT TO LAWFUL ARRESTS OR WHEN EXIGENT CIRCUMSTANCES SUPPORT THE NECESSITY OF CONDUCTING SEARCHES OF PERSONS, PREMISES OR VEHICLES WITHOUT UNDUE DELAY.

(a) All items of property seized by any law enforcement agency as a result of an arrest, search warrant, or warrantless search, shall be securely held by the law enforcement agency under the order of the court trying the cause, except as provided in this section.

Section 35-33-5-7 - Execution of search warrant; forcible entry; wrongful entry; recovery of damages (a) A search warrant issued by a court of record may be executed ing to its terms anywhere in the state.

Section 35-33-1-1 - Effective Until 7/1/2023 Law enforcement officer; federal enforcement officer (a) A law enforcement officer may arrest a person when the officer has: (1) a warrant commanding that the person be arrested; (2) probable cause to believe the person has committed or attempted to commit, or is

A warrantless arrest may be justified where probable cause and urgent need are present prior to the arrest. Probable cause is present when the police officer has a reasonable belief in the guilt of the suspect based on the facts and information prior to the arrest.

1. (a) A court may issue warrants only upon probable cause, supported by oath or affirmation, to search any place for any of the following: (1) Property which is obtained unlawfully. (2) Property, the possession of which is unlawful.

More info

Search and Seizure Warrant on Oral Testimony. Download Form (pdf, 1004.(A) Warrant to Search for and Seize a Person or Property. Oral Search Warrant Search warrants based on sworn oral testimony communicated to a judge or magistrate. EXCEPTION: Search and seizure warrants that have not been served within the specified period of time, two days from the date of issuance, must be voided. 968.12(2) (2) Warrant upon affidavit. Valid Searches and Seizures Without Warrants . 23A-2-2 (Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons. Rule 41 - Search, Seizure, and Confession (a)Authority to Issue Warrant. The arrest warrant must be in a form "particularly describing . . .

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Indiana Search and Seizure Warrant on Oral Testimony