reglab/housing_qa huggingface dataset:
IN Code § 35-33.5-2-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 2. Applications, Procedures, and Reports|35-33.5-2-5. Reports to Chief Administrative Officer of the Office of Judicial Administration on Termination and Denials

Sec. 5. Within twenty-eight (28) days after the termination of a warrant or an extension, or the denial of an application for a warrant or an extension, the court to which application for the warrant or an extension was made shall submit a report to the chief administrative officer of the office of judicial administration (IC 33-24-6-1) containing the following information:(1) The fact that a warrant or an extension was applied for.(2) The type of warrant or extension applied for.(3) The fact that the application for a warrant or an extension was granted, modified, or denied.(4) The duration authorized for interception by the warrant and the number and duration of any extensions.(5) The designated offense for which the warrant or extension was issued or applied for.(6) The identity of the persons who applied for the warrant or extension.(7) The nature and location of the place, facility, or device from which communications were to be intercepted.(8) The reasons for withholding notice under IC 35-33.5-4-3, if the notice was withheld.As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.142; P.L.105-2007, SEC.9; P.L.161-2018, SEC.116.
IN Code § 35-33.5-3-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 3. Duties of the Court|35-33.5-3-1. Authorization of Warrant or Extension; Determinations by Court; Examinations Under Oath; in Camera Inquiries

Sec. 1. (a) A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following:(1) Probable cause exists to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.(2) Communications concerning the designated offense identified in the warrant application are likely to be obtained through the requested interception.(3) Exigent circumstances are present that require the preservation of secrecy where there is a reasonable likelihood that a continuing investigation would be prevented if a person subject to investigation was alerted to the fact that the investigation was occurring.(4) A place, facility, or device from which communications are to be intercepted is:(A) being used or about to be used by;(B) listed in the name of;(C) leased to; or(D) commonly used by;a person who is committing, has committed, or may commit a designated offense.(5) Investigative procedures:(A) have been tried but have failed;(B) are unlikely to succeed; or(C) are too dangerous to attempt.(b) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, the court may examine under oath any person. The court shall order the court reporter to:(1) prepare a verbatim transcript of an examination made under this subsection; and(2) attach the transcript to the application for the warrant.(c) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, if there is no corroborative evidence offered in support of the allegation of probable cause, the court shall inquire in camera concerning:(1) the identity of any informants; or(2) any additional information the court considers relevant to a determination of probable cause to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.(d) The court may modify the application and authorize a warrant or an extension that is more limited in authority for interception than the warrant or extension that was requested by the applicant.As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.10.
IN Code § 35-33.5-3-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 3. Duties of the Court|35-33.5-3-2. Information Required in Warrant

Sec. 2. A court that issues a warrant or an extension shall specify the following information in the warrant:(1) The identity of the law enforcement agency that the warrant directs to make the interception.(2) The identity of the person, if known, whose communication is to be intercepted.(3) The nature and location of the facility, place, or device from which the communication is to be intercepted.(4) The type of communication to be intercepted and a statement of the designated offense to which the communication relates.(5) That the interception must be conducted in a manner that minimizes the interception of communication that:(A) is not relevant to the designated offense; and(B) is not authorized by the warrant or extension.(6) That methods required by the court to minimize the interception of irrelevant communications include the immediate termination by a law enforcement officer of the recording of a communication that is clearly irrelevant to the investigation of a designated offense.(7) The duration during which the interception is authorized, including a statement as to whether the interception automatically terminates once the described communication is initially obtained.As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.11.
IN Code § 35-33.5-4-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 4. Procedures Regarding Intercepted Communications|35-33.5-4-1. Limitations; Mandatory Assistance to Accomplish Interception; Compensation

Sec. 1. (a) A court may not authorize interception under a warrant or an extension for a period longer than is necessary to achieve the objective of the warrant or extension. Except as provided in subsection (d), a warrant and each extension may authorize interception for not more than thirty (30) days. A court that issues a warrant or an extension shall order that the authorized interception must:(1) occur within ten (10) days after the court issues the warrant or extension;(2) be conducted in a manner that minimizes the interception of a communication that is clearly irrelevant to the investigation of a designated offense; and(3) terminate upon completion of the authorized objective or within thirty (30) days after the interception begins, whichever occurs first.(b) A court may grant not more than three (3) extensions.(c) A warrant or an extension may direct that a person immediately furnish an applicant all information, facilities, and technical assistance within that person's control necessary to accomplish the interception with a minimum of interference with the services that the person is furnishing to the person whose communication is to be intercepted. The applicant shall compensate a person furnishing facilities or technical assistance to the applicant at the prevailing rates.(d) A warrant issued under IC 35-33.5-2-3.5 expires after twenty-four (24) hours, unless:(1) the court that issued the warrant established a shorter period of expiration; or(2) the warrant is extended in accordance with section 2 of this chapter.A warrant extended in accordance with section 2 of this chapter expires as described in subsection (a).As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.12; P.L.3-2008, SEC.248.
IN Code § 35-33.5-4-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 4. Procedures Regarding Intercepted Communications|35-33.5-4-2. Progress Reports to Court

Sec. 2. Whenever a warrant or an extension is issued under this article, the court shall order that reports be submitted to the court indicating the progress that has been made toward the authorized objective and whether continued interception is necessary. The court may establish the times when a report is required.As added by P.L.161-1990, SEC.3.
IN Code § 35-33.5-4-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 4. Procedures Regarding Intercepted Communications|35-33.5-4-3. Inventory to Party of Terminated Warrant or Extension; Information Available to Person Whose Communications Have Been Intercepted; Postponement of Inventory Services

Sec. 3. (a) Within sixty (60) days after the termination of a warrant or an extension, the court shall cause to be served upon each person from whom communication was to be intercepted and upon any other party to an interception whom the court determines it is in the interest of justice to serve, an inventory that includes notice of the following:(1) The date that the application for the warrant or extension was submitted.(2) The date on which the warrant or extension was granted.(3) The time during which the interception was authorized.(4) Whether the type of communication specified in the warrant was intercepted during the authorized time.(b) The court may make available for inspection, to any person whose communications have been intercepted under a warrant issued under this chapter and who makes a request, any part of the applications, warrants, extensions and recordings that the court determines to be in the interest of justice. On an ex parte showing of good cause to the issuing court, the serving of the inventory required by this section may be postponed.(c) If a party moves the court for postponement of service of the inventory required under subsection (a) on the grounds that secrecy is essential, the moving party shall:(1) submit the motion to the court in writing or by transcription; and(2) attach to the motion a statement of reasons for the party's belief that secrecy of the documents is essential.As added by P.L.161-1990, SEC.3.
IN Code § 35-33.5-4-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 4. Procedures Regarding Intercepted Communications|35-33.5-4-4. Suppression of Evidence; Basis

Sec. 4. (a) Upon a motion to suppress evidence arising from a warrant, a court may suppress the contents of or evidence derived from an interception based on:(1) the grounds that the communication was intercepted in violation of this article;(2) the grounds that the warrant or extension under which the communication was intercepted is insufficient on the face the warrant or extension;(3) the grounds that the interception was not made in conformity with the warrant or extension;(4) the grounds that a material defect, such as the failure to comply with the requirements that limit the use of authorized interceptions, exists in the application, the warrant, or the process of executing the warrant; or(5) any other grounds that are a basis for suppressing the evidence.(b) A court may not suppress the contents of or evidence derived from an interception if the motion to suppress is based on an immaterial defect in the application, the warrant, or the process of executing the warrant.As added by P.L.161-1990, SEC.3.
IN Code § 35-33.5-4-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 4. Procedures Regarding Intercepted Communications|35-33.5-4-5. Motion to Suppress; Information or Evidence Available to Aggrieved Person; Appeal of Granted Motion

Sec. 5. (a) If a court grants a motion to suppress under this article, the contents of the interception or evidence derived from the interception are considered to have been obtained in violation of this article. The court, upon the filing of the motion by an aggrieved person, may make available for inspection to the aggrieved person, or the person's attorney, any part of the interception or evidence derived from the interception that the court determines to be in the interest of justice.(b) In addition to any other right to appeal, the state may appeal from an order granting a motion to suppress made under this section if the prosecuting attorney certifies to the court granting the motion that the appeal is not taken for purpose of delay. The state must file the appeal in accordance with the rules adopted by the Indiana supreme court.As added by P.L.161-1990, SEC.3.
IN Code § 35-33.5-5-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses|35-33.5-5-1. Disclosure in Court; Information to Parties in Advance

Sec. 1. The contents of an interception under this article or evidence derived from the interception may not be received into evidence or otherwise disclosed during a court proceeding unless each party, not less than fourteen (14) days before the proceeding, has been furnished with a copy of the application, warrant, and any orders for an extension under which the interception was authorized. The fourteen (14) day period may be waived by the court if the court finds that:(1) it is not possible to furnish each party with the information at least fourteen (14) days before the proceeding; and(2) a party will not be prejudiced by the delay in receiving the information.As added by P.L.161-1990, SEC.3.
IN Code § 35-33.5-5-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses|35-33.5-5-2. Recording Contents of Authorized Interception; Sealing Documents; Disclosure; Destruction of Documents

Sec. 2. (a) The contents of an authorized interception under this article shall be recorded. Immediately upon the expiration of the warrant or extension, the court shall order that recordings be sealed. The court shall determine who is entitled to custody of the recordings. The court shall order that the recordings be kept for at least ten (10) years. The recordings may be destroyed after ten (10) years only upon an order of the court that issued the warrant.(b) A warrant or an extension granted under this article, as well as the application for a warrant or extension, shall be sealed by the court to which the application is made. The court shall determine who is entitled to custody of the application and warrant or extension. An application and a warrant or an extension shall be disclosed only upon a showing of good cause before the issuing court. The court shall order that the application and warrant or extension may not be destroyed for at least ten (10) years after the date granted, and then only upon the order of the court that issued the warrant.As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.13.
IN Code § 35-33.5-5-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses|35-33.5-5-3. Disclosure by Law Enforcement Officer; Persons Other Than Officer; Privileged Character of Communication; Offenses Not Specified in Order

Sec. 3. (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.As added by P.L.161-1990, SEC.3.
IN Code § 35-33.5-5-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses|35-33.5-5-4. Violations; Cause of Action; Damages and Costs; Defenses; Statute of Limitations

Sec. 4. (a) A person whose communications are intercepted, disclosed, or used in violation of this article:(1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article; and(2) is entitled to recover from that person the following:(A) The greater of:(i) actual damages;(ii) liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or(iii) one thousand dollars ($1,000).(B) Court costs (including fees).(C) Punitive damages, when determined to be appropriate by the court.(D) Reasonable attorney's fees.(b) A good faith reliance on a warrant or an extension issued under this article constitutes a complete defense to a civil action brought under this section.(c) A person described in IC 34-46-4-1 has an affirmative defense under this section if the person was unaware that the communication was intercepted in violation of this article and:(1) has not intercepted the communication;(2) has not procured another person to intercept or disclose the communication; and(3) has used a communication for the purpose of assisting the person to independently confirm information contained in a communication.(d) An action under this section must be brought within two (2) years after the date that the interception, disclosure, or use of a communication in violation of this article initially occurs whichever is later.As added by P.L.161-1990, SEC.3. Amended by P.L.1-1998, SEC.194; P.L.106-2010, SEC.9.
IN Code § 35-33.5-5-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses|35-33.5-5-5. Nonapplicability to Interceptions Authorized Under Federal Law; Classification of Offenses

Sec. 5. (a) This section does not apply to a person who makes an interception authorized under federal law.(b) A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Level 5 felony.(c) A person who, by virtue of the person's employment or official capacity in the criminal justice system, knowingly or intentionally uses or discloses the contents of an interception in violation of this article commits unlawful use or disclosure of an interception, a Level 5 felony.As added by P.L.161-1990, SEC.3. Amended by P.L.158-2013, SEC.388.
IN Code § 35-33.5-5-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33.5. Interception of Telephonic or Telegraphic Communications|Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses|35-33.5-5-6. Immunity

Sec. 6. The following persons are immune from civil and criminal liability for an act or omission that relates to the provision of information, facilities, or technical assistance in accordance with this article:(1) A person who provides services that relate to the provision of electronic communication.(2) An employee, an officer, an agent, or a contractor of a person described in subdivision (1).(3) A landlord, a custodian, a property owner, or other person who provides assistance in the interception of an electronic communication.As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.14.
IN Code § 35-34-1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 1. Indictment and Information|35-34-1-1. Commencement of Prosecution; Filing; Sealing; Violation

Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime may be charged by indictment or information.(b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information or indictment by the prosecuting attorney, in a court with jurisdiction over the crime charged.(c) Whenever an indictment or information is filed, the clerk of the court shall:(1) mark the date of filing on the instrument;(2) record it in a record book; and(3) upon request, make a copy of it available to the defendant or his attorney.(d) The court, upon motion of the prosecuting attorney, may order that the indictment or information be sealed. If a court has sealed an indictment or information, no person may disclose the fact that an indictment or information is in existence or pending until the defendant has been arrested or otherwise brought within the custody of the court. However, any person may make any disclosure necessarily incident to the arrest of the defendant. A violation of this subsection is punishable as a contempt.As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.18; P.L.10-1994, SEC.7.