Indiana Anticipatory Search and Seizure Warrant

State:
Indiana
Control #:
IN-AO-99
Format:
PDF
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Description

Anticipatory Search and Seizure Warrant

Indiana Anticipatory Search and Seizure Warrants are legal documents issued by a judge that allow law enforcement officers to search for and seize evidence of a crime before it is committed. These warrants are typically issued when there is probable cause to believe that a specific crime is about to be committed. There are two main types of Indiana Anticipatory Search and Seizure Warrants: Arrest Warrant and Search Warrant. An Arrest Warrant authorizes law enforcement to arrest a suspect without a warrant if they are found in possession of evidence related to the crime. A Search Warrant permits officers to search a specific location for evidence related to the crime. Both of these warrants require probable cause to be established before issuance.

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FAQ

You are not considered to have a reasonable privacy interest in property left out in plain view. This means, for example, that if you leave a gun or bag of marijuana out on the seat of the vehicle and you are stopped, the police may be able to seize it without a search warrant if it is in plain view.

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.

Generally, the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution prohibit unreasonable search and seizure of persons and property.

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.

If the person is found to be indigent, the judicial officer shall assign counsel to the person.

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.

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.

5. (a) Upon a showing of good cause, the state or the defendant may be granted an alteration or revocation of bail by application to the court before which the proceeding is pending.

More info

To: Any authorized law enforcement officer. Like all search warrants, anticipatory warrants require probable cause.The occurrence of the triggering event provides the probable cause. An "anticipatory search warrant❞ is: ☐ "a warrant based upon an affidavit showing probable cause that at some future time (but not presently) certain. Amendment requirements that apply to any search or seizure: a warrant is generally. A case involving a search warrant, Jones v. Police officers can, in appropriate circumstances, get what's called an "anticipatory search warrant. A judge shall issue a search warrant if probable cause is shown. Paragraph (A)(4)(b) provides for anticipatory search warrants. Adding to the investigator's dilemma is concern that vital, probative evidence may be excluded if it is seized improperly.

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Indiana Anticipatory Search and Seizure Warrant