reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 1. General Purpose › 35-32-1-2. Legal Effect of Change of References From "Community Service" to "Community Restitution or Service"

Sec. 2. The change of references in the Indiana Code from community service to community restitution or service by P.L.32-2000 shall not be construed to:
(1) release a person from a court order issued before July 1, 2000, requiring the person to perform community service; or
(2) limit the power of an entity to operate any program as a community restitution program after June 30, 2000, that was operated before July 1, 2000, as a community service program.
As added by P.L.20-2010, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-1. Place of Trial

Sec. 1. (a) Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law.
(b) If a person committing an offense upon the person of another is located in one (1) county and the person's victim is located in another county at the time of the commission of the offense, the trial may be in either of the counties.
(c) If the offense involves killing or causing the death of another human being, the trial may be in the county in which the:
(1) cause of death is inflicted;
(2) death occurs; or
(3) victim's body is found.
(d) If an offense is committed in Indiana and it cannot readily be determined in which county the offense was committed, trial may be in any county in which an act was committed in furtherance of the offense.
(e) If an offense is commenced outside Indiana and completed within Indiana, the offender may be tried in any county where any act in furtherance of the offense occurred.
(f) If an offense commenced inside Indiana is completed outside Indiana, the offender shall be tried in any county where an act in furtherance of the offense occurred.
(g) If an offense is committed on the portions of the Ohio or Wabash Rivers where they form a part of the boundaries of this state, trial may be in the county that is adjacent to the river and whose boundaries, if projected across the river, would include the place where the offense was committed.
(h) If an offense is committed at a place which is on or near a common boundary which is shared by two (2) or more counties and it cannot be readily determined where the offense was committed, then the trial may be in any county sharing the common boundary.
(i) If an offense is committed on a public highway (as defined in IC 9-25-2-4) that runs on and along a common boundary shared by two (2) or more counties, the trial may be held in any county sharing the common boundary.
(j) If an offense is committed by use of the Internet or another computer network (as defined in IC 35-43-2-3), the trial may be held in any county:
(1) from which or to which access to the Internet or other computer network was made; or
(2) in which any computer, computer data, computer software, or computer network that was used to access the Internet or other computer network is located.
(k) If an offense:
(1) is committed by use of:
(A) the Internet or another computer network (as defined in IC 35-43-2-3); or
(B) another form of electronic communication; and
(2) occurs outside Indiana and the victim of the offense resides in Indiana at the time of the offense;
the trial may be held in the county where the victim resides at the time of the offense.
As added by Acts 1981, P.L.298, SEC.1. Amended by Acts 1982, P.L.204, SEC.5; P.L.320-1983, SEC.1; P.L.98-2000, SEC.16; P.L.115-2005, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-2. Theft or Conversion; Receiving Stolen Property

Sec. 2. (a) A person may be tried for theft or conversion in any county in which he exerted unauthorized control over the property.
(b) A person may be tried for receiving stolen property in any county in which he receives, retains, or disposes of the property.
As added by Acts 1981, P.L.298, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-3. Kidnapping, Criminal Confinement, Human Trafficking, and Interference With Custody

Sec. 3. (a) A person who commits the offense of:
(1) kidnapping;
(2) criminal confinement;
(3) promotion of human labor trafficking;
(4) promotion of human sexual trafficking;
(5) promotion of child sexual trafficking;
(6) promotion of sexual trafficking of a younger child;
(7) child sexual trafficking; or
(8) human trafficking;
may be tried in a county in which the victim has traveled or has been confined during the course of the offense.
(b) A person who commits the offense of criminal confinement or interference with custody may be tried in a county in which the child who was removed, taken, concealed, or detained in violation of a child custody order:
(1) was a legal resident at the time of the taking, concealment, or detention;
(2) was taken, detained, or concealed; or
(3) was found.
As added by Acts 1981, P.L.298, SEC.1. Amended by P.L.49-1989, SEC.19; P.L.173-2006, SEC.47; P.L.144-2018, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-4. Aiding and Abetting; Conspiracy; Attempts

Sec. 4. (a) If a person in a county engages in conduct sufficient to constitute aiding, inducing, or causing an offense committed in another county, he may be tried for the offense in either county.
(b) In a prosecution for conspiracy to commit a felony, any or all offenders may be tried in the county in which:
(1) the agreement was made; or
(2) any overt act in furtherance of the agreement is performed.
(c) In a prosecution for an attempt to commit a crime, the offender may be tried in any county in which:
(1) a substantial step towards the commission of the underlying crime occurred; or
(2) the underlying crime was to have been completed.
As added by Acts 1981, P.L.298, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-5. Transfer to Proper County or Court With Proper Jurisdiction; Mistake in Charge of Proper Offense or Guilt of Offense Not Charged; Discharge Without Prejudice

Sec. 5. (a) When it appears, at any time before verdict or finding, that the prosecution was brought in an improper county, the court shall order that all papers and proceedings be certified and transferred to a court with jurisdiction over the offense in the proper county and, when necessary, order the sheriff to deliver custody of the defendant to the sheriff of the proper county.
(b) When it appears at any time before verdict or finding, that a mistake has been made in charging the proper offense, or that the defendant is guilty of an offense not charged, such defendant shall not be discharged, if the court finds probable cause that the defendant committed an offense.
(c) When it appears at any time before verdict or finding that the prosecution was brought in a court without jurisdiction over the subject matter of the offense charged, the court shall order that all the papers and proceedings be certified and transferred to a court with jurisdiction over the subject matter in the proper county.
(d) When a jury has been impaneled or the cause submitted in any case contemplated in subsection (a), (b), or (c), such jury may be discharged or submission set aside without prejudice to the prosecution.
As added by Acts 1981, P.L.298, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-6. Identity Deception; Synthetic Identity Deception; Multiple Offenses

Sec. 6. (a) Subject to subsection (b), a person who commits the offense of identity deception or synthetic identity deception (before its repeal) may be tried in a county in which:
(1) the victim resides; or
(2) the person:
(A) obtains;
(B) possesses;
(C) transfers; or
(D) uses;
the information used to commit the offense.
(b) If:
(1) a person is charged with more than one (1) offense of identity deception or synthetic identity deception (before its repeal), or if a person is charged with both identity deception and synthetic identity deception (before its repeal); and
(2) either:
(A) the victims of the crimes reside in more than one (1) county; or
(B) the person performs an act described in subsection (a)(2) in more than one (1) county;
the person may be tried in any county described in subdivision (2).
As added by P.L.125-2006, SEC.7. Amended by P.L.137-2009, SEC.9; P.L.174-2021, SEC.38.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 32. General Procedural Provisions › Chapter 2. Venue › 35-32-2-7. Violations of the Duties of a Constitutional Convention Delegate

Sec. 7. A person may be tried for a violation of IC 2-8.2-4-6 in:
(1) Marion County; or
(2) the county where the person resides.
As added by P.L.182-2013, SEC.3. Amended by P.L.205-2013, SEC.343.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 1. Arrest › 35-33-1-1.5. Crime Involving Domestic or Family Violence; Duties of Law Enforcement Officers; Confiscation of Firearm, Ammunition, or Deadly Weapon

Sec. 1.5. (a) A law enforcement officer responding to the scene of an alleged crime involving domestic or family violence shall use all reasonable means to prevent further violence, including the following:
(1) Transporting or obtaining transportation for the alleged victim and each child to a designated safe place to meet with a domestic violence counselor, local family member, or friend.
(2) Assisting the alleged victim in removing toiletries, medication, and necessary clothing.
(3) Giving the alleged victim immediate and written notice of the rights under IC 35-40.
(b) A law enforcement officer may confiscate and remove a firearm, ammunition, or a deadly weapon from the scene if the law enforcement officer has:
(1) probable cause to believe that a crime involving domestic or family violence has occurred;
(2) a reasonable belief that the firearm, ammunition, or deadly weapon:
(A) exposes the victim to an immediate risk of serious bodily injury; or
(B) was an instrumentality of the crime involving domestic or family violence; and
(3) observed the firearm, ammunition, or deadly weapon at the scene during the response.
(c) If a firearm, ammunition, or a deadly weapon is removed from the scene under subsection (b), the law enforcement officer shall provide for the safe storage of the firearm, ammunition, or deadly weapon during the pendency of a proceeding related to the alleged act of domestic or family violence.
As added by P.L.133-2002, SEC.60.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 1. Arrest › 35-33-1-1.7. Mandatory Hold on Person Arrested for Domestic Violence

Sec. 1.7. (a) A facility having custody of a person arrested for a crime of domestic violence (as described in IC 35-31.5-2-78) shall keep the person in custody for at least eight (8) hours from the time of the arrest.
(b) A person described in subsection (a) may not be released on bail until at least eight (8) hours from the time of the person's arrest.
As added by P.L.44-2008, SEC.1. Amended by P.L.114-2012, SEC.68.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 1. Arrest › 35-33-1-3. Coroner

Sec. 3. A coroner has the authority to arrest any person when performing the duties of the sheriff under IC 36-2-14-4 and authority to arrest the sheriff under IC 36-2-14-5.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 1. Arrest › 35-33-1-4. Any Person

Sec. 4. (a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 1. Arrest › 35-33-1-6. Chart to Determine Detention Time Before Release Pending Trial

Sec. 6. A law enforcement agency may use the following chart to determine the minimum number of hours that a person arrested for an alcohol-related offense should be detained before his release pending trial:
BLOOD OR
HOURS AFTER INITIAL READING
BREATH
IS TAKEN
ALCOHOL
LEVEL IN
GRAMS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
.09
.075
.06
.045
.03
.015
.00
.000
.00
.000
.00
.000
.00
.000
.00
.10
.085
.07
.055
.04
.025
.01
.000
.00
.000
.00
.000
.00
.000
.00
.11
.095
.08
.065
.05
.035
.02
.005
.00
.000
.00
.000
.00
.000
.00
.12
.105
.09
.075
.06
.045
.03
.015
.00
.000
.00
.000
.00
.000
.00
.13
.115
.10
.085
.07
.055
.04
.025
.01
.000
.00
.000
.00
.000
.00
.14
.125
.11
.095
.08
.065
.05
.035
.02
.005
.00
.000
.00
.000
.00
.15
.135
.12
.105
.09
.075
.06
.045
.03
.015
.00
.000
.00
.000
.00
.16
.145
.13
.115
.10
.085
.07
.055
.04
.025
.01
.000
.00
.000
.00
.17
.155
.14
.125
.11
.095
.08
.065
.05
.035
.02
.005
.00
.000
.00
.18
.165
.15
.135
.12
.105
.09
.075
.06
.045
.03
.015
.00
.000
.00
.19
.175
.16
.145
.13
.115
.10
.085
.07
.055
.04
.025
.01
.000
.00
.20
.185
.17
.155
.14
.125
.11
.095
.08
.065
.05
.035
.02
.005
.00
.21
.195
.18
.165
.15
.135
.12
.105
.09
.075
.06
.045
.03
.015
.00
.22
.205
.19
.175
.16
.145
.13
.115
.10
.085
.07
.055
.04
.025
.01
.23
.215
.20
.185
.17
.155
.14
.125
.11
.095
.08
.065
.05
.035
.02
.24
.225
.21
.195
.18
.165
.15
.135
.12
.105
.09
.075
.06
.045
.03
.25
.235
.22
.205
.19
.175
.16
.145
.13
.115
.10
.085
.07
.055
.04
.26
.245
.23
.215
.20
.185
.17
.155
.14
.125
.11
.095
.08
.065
.05
Note: In order to find when a person will reach the legal blood or breath alcohol level, find the blood or breath alcohol level reading in the left hand column, go across and find where the blood or breath alcohol level reading is an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to below eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or per two hundred ten (210) liters of the person's breath, then read up that column to find the minimum number of hours before the person can be released.
As added by P.L.77-1984, SEC.15. Amended by P.L.33-1997, SEC.21; P.L.1-2000, SEC.18; P.L.175-2001, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 2. Arrest Warrants › 35-33-2-1. Grounds; Indictment or Information Filed; Probable Cause

Sec. 1. (a) Except as provided in chapter 4 of this article, whenever an indictment is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court, without making a determination of probable cause, shall issue a warrant for the arrest of the defendant.
(b) Whenever an information is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court shall issue a warrant for the arrest of the defendant after first determining that probable cause exists for the arrest.
(c) No warrant for arrest of a person may be issued until:
(1) an indictment has been found charging him with the commission of an offense; or
(2) a judge has determined that probable cause exists that the person committed a crime and an information has been filed charging him with a crime.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 2. Arrest Warrants › 35-33-2-2. Contents; Form

Sec. 2. (a) A warrant of arrest shall:
(1) be in writing;
(2) specify the name of the person to be arrested, or if his name is unknown, shall designate such person by any name or description by which he can be identified with reasonable certainty;
(3) set forth the nature of the offense for which the warrant is issued;
(4) state the date and county of issuance;
(5) be signed by the clerk or the judge of the court with the title of his office;
(6) command that the person against whom the indictment or information was filed be arrested and brought before the court issuing the warrant, without unnecessary delay;
(7) specify the amount of bail, if any; and
(8) be directed to the sheriff of the county.
(b) An arrest warrant may be in substantially the following form:
TO: ______________
You are hereby commanded to arrest ___________ forthwith, and hold that person to bail in the sum of _______ dollars, to answer in the _______ Court of ________ County, in the State of Indiana, an information or indictment for ____________.
And for want of bail commit him to the jail of the County, and thereafter without unnecessary delay to bring him before the said court.
IN WITNESS WHEREOF, I, ___________ (Clerk/Judge) of said Court, hereto affix the seal thereof, and subscribe my name at __________ this ________ day of _______ A.D. 20__.
______________________
Clerk or Judge of the Court
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.2-2005, SEC.115.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 2. Arrest Warrants › 35-33-2-3. Issuance; Service or Arrests; Forcible Entry; Wrongful Entry, Recovery of Damages

Sec. 3. (a) The warrant is issued to the sheriff of the county where the indictment or information is filed. This warrant may be served or arrests on it made:
(1) by any law enforcement officer;
(2) on any day of the week; and
(3) at any time of the day or night.
(b) A law enforcement officer may break open any outer or inner door or window in order to execute an arrest warrant, if the officer is not admitted following an announcement of the officer's authority and purpose.
(c) The accused person shall be delivered to the sheriff of the county in which the indictment or information was filed, and the sheriff shall commit the accused person to jail or hold the accused person to bail as provided in this article.
(d) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court in the county where the wrongful entry took place.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.8; P.L.320-1983, SEC.4; P.L.201-2011, SEC.110.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 2. Arrest Warrants › 35-33-2-4. Expiration; Reissuance

Sec. 4. A warrant of arrest for a misdemeanor expires one hundred eighty (180) days after it is issued. A warrant of arrest for a felony and a rearrest warrant for any offense do not expire. A sheriff who has an expired warrant shall make a return on the warrant stating that it has expired and shall return it to the clerk of the court that issued it. The clerk shall enter the fact that the warrant has expired in his records and shall notify the prosecuting attorney of the county that the warrant has expired. Upon request of the prosecuting attorney, the court shall issue another warrant.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 2. Arrest Warrants › 35-33-2-5. Dismissal of Information or Indictment; Return

Sec. 5. When an information or indictment has been dismissed, the court shall order the sheriff to make a return on any outstanding arrest warrant or summons issued regarding a charge stating that the charge has been dismissed. The sheriff shall notify any law enforcement officer to whom the arrest warrant or summons has been delivered that it has been revoked.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 3. Uniform Act on Fresh Pursuit › 35-33-3-1. Officer of Another State in Fresh Pursuit; Authority to Arrest in This State

Sec. 1. Any member of a duly organized state, county or municipal peace unit of another state who enters this state in fresh pursuit, and continues within this state in such fresh pursuit of a person in order to arrest him on ground that he is believed to have committed a felony in the other state, shall have the same authority to arrest and hold such person in custody as has any law enforcement officer of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 3. Uniform Act on Fresh Pursuit › 35-33-3-2. Hearing Before Judge; Commitment for Extradition or Discharge

Sec. 2. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 1 of this chapter, he shall, without unnecessary delay, take the person arrested before a judge of the county in which the arrest was made. The judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the judge determines that the arrest was unlawful, he shall discharge the person arrested.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 3. Uniform Act on Fresh Pursuit › 35-33-3-3. Lawfulness of Arrest

Sec. 3. Section 1 of this chapter shall not be construed so as to make unlawful any arrest in this state which otherwise would be lawful.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 3. Uniform Act on Fresh Pursuit › 35-33-3-5. "Fresh Pursuit" Defined

Sec. 5. The term "fresh pursuit" as used in this chapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony actually has been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 3. Uniform Act on Fresh Pursuit › 35-33-3-6. Certified Copies of Chapter to Other States

Sec. 6. It shall be the duty of the secretary of state to certify a copy of this chapter to the executive department of each of the states of the United States.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.17-2001 apply to all actions of a law enforcement agency taken after June 30, 2001.
As added by P.L.220-2011, SEC.584.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-0.5. Definitions

Sec. 0.5. The following definitions apply throughout this chapter:
(1) "Electronic communication service" means a service that provides users with the ability to send or receive wire or electronic communications.
(2) "Electronic storage" means any storage of electronic user data on a computer, computer network, or computer system regardless of whether the data is subject to recall, further manipulation, deletion, or transmission. "Electronic storage" includes any storage or electronic communication by an electronic communication service or a remote computing service.
(3) "Electronic user data" means any data or records that are in the possession, care, custody, or control of a provider of an electronic communication service, a remote computing service, or any other service or program that stores, uses, collects, or safeguards electronic user data.
(4) "Governmental entity" has the meaning set forth in IC 35-31.5-2-144. For purposes of this chapter, "governmental entity" also includes a person authorized to act on behalf of a state or local agency.
(5) "Intercept" means to acquire geolocation data through the use of an electronic device, mechanical device, or other device.
(6) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communication service.
(7) "Use of an unmanned aerial vehicle" means the use of an unmanned aerial vehicle by a law enforcement officer to obtain evidence relevant to the enforcement of statutes, rules, or regulations. The term includes:
(A) the interception of wire, electronic, or oral communications; and
(B) the capture, collection, monitoring, or viewing of images.
(8) "User" means any person who:
(A) uses an electronic communication service, remote computing service, geolocation information service, or an electronic device; and
(B) may or may not be the person or entity having legal title, claim, or right to the electronic device or electronic user data.
As added by P.L.170-2014, SEC.16. Amended by P.L.107-2017, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-1. Issuance by Court; Probable Cause; Oath and Affirmation; "Place" Defined; Objects of Search

Sec. 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.
(3) Property used or possessed with intent to be used as the means of committing an offense or concealed to prevent an offense from being discovered.
(4) Property constituting evidence of an offense or tending to show that a particular person committed an offense.
(5) Any person.
(6) Evidence necessary to enforce statutes enacted to prevent cruelty to or neglect of children.
(7) A firearm possessed by a person who is dangerous (as defined in IC 35-47-14-1).
(b) As used in this section, "place" includes any location where property might be secreted or hidden, including buildings, persons, or vehicles.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.10; P.L.187-2005, SEC.1; P.L.1-2006, SEC.526.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-2. Affidavit; Descriptions; Information to Establish Credibility of Hearsay; Form

Sec. 2. (a) Except as provided in section 8 of this chapter, and subject to the requirements of section 11 of this chapter, if applicable, no warrant for search or arrest shall be issued until there is filed with the judge an affidavit:
(1) particularly describing:
(A) the house or place to be searched and the things to be searched for; or
(B) particularly describing the person to be arrested;
(2) alleging substantially the offense in relation thereto and that the affiant believes and has good cause to believe that:
(A) the things sought are concealed there; or
(B) the person to be arrested committed the offense; and
(3) setting forth the facts known to the affiant through personal knowledge or based on hearsay, constituting the probable cause.
(b) When based on hearsay, the affidavit must either:
(1) contain reliable information establishing the credibility of the source and of each of the declarants of the hearsay and establishing that there is a factual basis for the information furnished; or
(2) contain information that establishes that the totality of the circumstances corroborates the hearsay.
(c) An affidavit for search substantially in the following form shall be treated as sufficient:
STATE OF INDIANA
)
) SS:
COUNTY OF ___________________
)
A B swears (or affirms, as the case may be) that he believes and has good cause to believe (here set forth the facts and information constituting the probable cause) that (here describe the things to be searched for and the offense in relation thereto) are concealed in or about the (here describe the house or place) of C D, situated in the county of _____________________, in said state.
In accordance with Indiana Trial Rule 11, I affirm under the penalties for perjury that the foregoing representations are true.
_______________________________________
(Signed) Affiant Date
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.177-1984, SEC.1; P.L.161-1990, SEC.1; P.L.1-1991, SEC.190; P.L.2-2005, SEC.117; P.L.170-2014, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-3. Form

Sec. 3. A search warrant in substantially the following form shall be sufficient:
STATE OF INDIANA
)
)
SS:
COUNTY OF _____________
)
IN THE _______ COURT
OF
_____________________
To _______________ (herein insert the name, department or classification of the law enforcement officer to whom it is addressed)
You are authorized and ordered, in the name of the State of Indiana, with the necessary and proper assistance to enter into or upon ________________________ (here describe the place to be searched), and there diligently search for ________________ (here describe property which is the subject of the search). You are ordered to seize such property, or any part thereof, found on such search.
Dated this ____ day of ______, 20___, at the hour of ___ __M.
_________________________
(Signature of Judge)
Executed this ___ day of ____, 20___, at the hour of ____ ___M.
________________________________
(Signature of Law Enforcement Officer)
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.2-2005, SEC.118.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-4. Return; Initial Disposition of Property Seized

Sec. 4. When the warrant is executed by the seizure of property or things described in it or of any other items:
(1) the officer who executed the warrant shall make a return on it directed to the court or judge, who issued the warrant, and this return must indicate the date and time served and list the items seized; and
(2) the items so seized shall be securely held by the law enforcement agency whose officer executed the search warrant under the order of the court trying the cause, except as provided in section 5 of this chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.156-2020, SEC.128.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-6. Dead Body; Search of Building or Place; Affidavit

Sec. 6. When an affidavit is filed before a judge alleging that the affiant has good reasons to believe, and does believe, that a dead human body is illegally secreted in a certain building, or other particularly specified place in the county, the judge may issue a search warrant authorizing a law enforcement officer to enter and search the building or other place for the dead body. While making the search, the law enforcement officer shall have the power of an officer executing a regular search warrant.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-7. Execution of Search Warrant; Forcible Entry; Wrongful Entry; Recovery of Damages

Sec. 7. (a) A search warrant issued by a court of record may be executed according to its terms anywhere in the state. A search warrant issued by a court that is not a court of record may be executed according to its terms anywhere in the county of the issuing court.
(b) Except as provided in subsection (f), a search warrant must be:
(1) executed not more than ten (10) days after the date of issuance; and
(2) returned to the court without unnecessary delay after the execution.
(c) A search warrant may be executed:
(1) on any day of the week; and
(2) at any time of the day or night.
(d) A law enforcement officer may break open any outer or inner door or window in order to execute a search warrant, if the officer is not admitted following an announcement of the officer's authority and purpose.
(e) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court in the county where the wrongful entry took place.
(f) Notwithstanding section 4 of this chapter, a warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer. A return of a warrant authorizing a search, testing, or other analysis of an item is sufficient if the return contains a statement indicating that the item was seized by a law enforcement officer.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.320-1983, SEC.7; P.L.201-2011, SEC.111; P.L.63-2020, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-8. Issue of Warrant Without Affidavit; Types of Sworn Testimony; Procedures; Perjury

Sec. 8. (a) A judge may issue a search or arrest warrant without the affidavit required under section 2 of this chapter, if the judge receives testimony subject to the penalties for perjury of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission (FAX); or
(4) in writing by electronic mail or other electronic transmission.
(b) If a warrant is issued under subsection (a)(1), the judge shall order the court reporter to type or transcribe the testimony from the hearing for entry in the record. The judge shall then certify the transcript.
(c) After reciting the facts required for an affidavit and verifying the facts recited under penalty of perjury, an applicant for a warrant under subsection (a)(2) shall read to the judge from a warrant form on which the applicant enters the information read by the applicant to the judge. The judge may direct the applicant to modify the warrant. If the judge agrees to issue the warrant, the judge shall direct the applicant to sign the judge's name to the warrant, adding the time of the issuance of the warrant.
(d) After transmitting an affidavit, an applicant for a warrant under subsection (a)(3) or (a)(4) shall transmit to the judge a copy of a warrant form completed by the applicant. The judge may modify the transmitted warrant. If the judge agrees to issue the warrant, the judge shall sign, affix the date and time, and transmit to the applicant a duplicate of the warrant.
(e) If a warrant is issued under subsection (a)(2), the judge shall record the conversation on audio tape and order the court reporter to type or transcribe the recording for entry in the record. The judge shall certify the audio tape, the transcription, and the warrant retained by the judge for entry in the record.
(f) If a warrant is issued under subsection (a)(3), the facsimile copy of the affidavit and warrant sent to the judge shall be retained as if they were the originals. If a warrant is issued under subsection (a)(4), the electronically transmitted copy of the affidavit and warrant sent to the judge shall be printed and retained as if they were the originals.
(g) The court reporter shall notify the applicant who received a warrant under subsection (a)(1) or (a)(2) when the transcription required under this section is entered in the record. The applicant shall sign the transcribed entry upon receiving notice from the court reporter.
(h) The affiant and the judge may use an electronic signature on the affidavit and warrant. An electronic signature may be indicated by "s/Affiant's Name" or "s/Judge's Name" or by any other electronic means that identifies the affiant or judge and indicates that the affiant or judge adopts the contents of the document to which the electronic signature is affixed.
As added by P.L.161-1990, SEC.2. Amended by P.L.170-2014, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-9. Unmanned Aerial Vehicles; Search Warrant; Exceptions

Sec. 9. A law enforcement officer must obtain a search warrant in order to use an unmanned aerial vehicle:
(1) on or over private property; or
(2) to conduct a search, perform surveillance, obtain a photograph, or obtain video of private property or of individuals, items, or structures located on private property;
without the consent of the owner of the affected private property. However, a warrant is not required for a use of an unmanned aerial vehicle if a warrant would not be required for a search not using an unmanned aerial vehicle.
As added by P.L.170-2014, SEC.19. Amended by P.L.57-2016, SEC.2; P.L.136-2019, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-10. Admissibility of Evidence; Unmanned Aerial Vehicles

Sec. 10. The following are not admissible as evidence in an administrative or judicial proceeding:
(1) A communication or an image that is obtained through the use of an unmanned aerial vehicle in violation of section 9 of this chapter.
(2) Evidence derived from a communication or an image described in subdivision (1).
As added by P.L.170-2014, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-11. Electronic User Data Held in Electronic Storage

Sec. 11. (a) This subsection does not apply to electronic or video toll collection facilities or activities authorized under any of the following:
(1) IC 8-15-2.
(2) IC 8-15-3.
(3) IC 8-15.5.
(4) IC 8-15.7.
(5) IC 8-16.
(6) IC 9-21-3.5.
A law enforcement officer may not compel a user to provide a passkey, password, or keycode to any electronic communication service, electronic device, or electronic storage, or any form of stored electronic user data, without a valid search warrant issued by a judge using search warrant procedures.
(b) A judge may issue a court order under this section for electronic user data held in electronic storage, including the records and information related to a wire communication or electronic communication held in electronic storage, by a provider of an electronic communication service or a provider of a remote computing service regardless of whether the user data is held at a location in Indiana or at a location in another state.
(c) A judge may issue a court order under this section on a service provider that is a corporation or entity that is incorporated or organized under the laws of Indiana or a company or business entity doing business in Indiana under a contract or terms of a service agreement with an Indiana resident. The service provider shall produce all information sought, as required by the court order.
(d) Any Indiana corporation that provides electronic communication services or remote computing services to the public shall comply with a valid court order issued in another state that is seeking the information described in this section, if the court order is served on the corporation.
As added by P.L.170-2014, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-12. Use of Real Time Tracking Instruments; Geolocation Information

Sec. 12. (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless:
(1) the law enforcement officer or law enforcement agency has obtained an order issued by a court based upon a finding of probable cause to use the tracking instrument; or
(2) exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.
(b) If a law enforcement officer or law enforcement agency uses a real time tracking instrument described in subsection (a) based upon the existence of exigent circumstances, the law enforcement officer or law enforcement agency shall seek to obtain an order issued by a court based upon a finding of probable cause not later than seventy-two (72) hours after the initial use of the real time tracking instrument.
As added by P.L.170-2014, SEC.22.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-13. Immunity From Civil or Criminal Liability

Sec. 13. An electronic communication service, remote computing service, and geolocation information service are immune from civil or criminal liability for providing information or evidence as required by a court order under this chapter.
As added by P.L.170-2014, SEC.23.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 5. Search and Seizure › 35-33-5-14. Notice to News Media Concerning Search Warrants

Sec. 14. (a) For purposes of IC 34-46-4 (Journalist's Privilege Against Disclosure of Information Source) and subject to subsection (b), if:
(1) a governmental entity requests that a court issue a search warrant to a provider of:
(A) electronic communication service; or
(B) remote computing service; and
(2) the search warrant seeks information or communications concerning a news media entity or a person otherwise described in IC 34-46-4-1;
the news media entity or person described in IC 34-46-4-1 shall be given reasonable and timely notice of the search warrant request and shall be given an opportunity to be heard by the court concerning the issuance of the search warrant before the search warrant is issued.
(b) If:
(1) the search warrant that would be issued to a provider described in subsection (a)(1) concerns a criminal investigation in which the news media entity or person described in IC 34-46-4-1 is a target of the criminal investigation; and
(2) the notice that would be provided to the news media entity or person described in IC 34-46-4-1 under subsection (a) would pose a clear and substantial threat to the integrity of the criminal investigation;
the governmental entity shall certify the threat to the court and notice of the search warrant shall be given to the news media entity or person described in IC 34-46-4-1 as soon as the court determines that the notice no longer poses a clear and substantial threat to the integrity of the criminal investigation.
As added by P.L.170-2014, SEC.24.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-1. Repealed

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.1. Repealed by P.L.114-2012, SEC.69.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-2. Probable Cause; Detention; Procedure; Statements by Juveniles

Sec. 2. (a) An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the store and who has probable cause to believe that a specific person has committed or is committing the theft:
(1) may:
(A) detain the person and request the person to identify himself or herself;
(B) verify the identification;
(C) determine whether the person has in the person's possession unpurchased merchandise taken from the store;
(D) inform the appropriate law enforcement officers; and
(E) inform the person's parents or others interested in the person's welfare that the person has been detained; but
(2) shall not ask the person to make a statement that acknowledges that the person committed the theft or conversion or waives any of the person's legal rights if:
(A) the person is less than eighteen (18) years of age; and
(B) the person has not been afforded an opportunity to have a meaningful consultation with his or her parent, guardian, custodian, or guardian ad litem.
(b) A statement acknowledging that a child committed theft or conversion in violation of subdivision (a)(2) cannot be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.
(c) The detention must:
(1) be reasonable and last only for a reasonable time; and
(2) not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever first occurs.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.11; P.L.77-2009, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-2.5. Detention of Person Making Unlawful Recording

Sec. 2.5. (a) An owner or agent of a motion picture exhibition facility who has probable cause to believe that an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility and who has probable cause to believe that a specific person has committed or is committing the unlawful recording may:
(1) detain the person and request the person to provide identification;
(2) verify the identification;
(3) determine whether the person possesses at the time of detention an audiovisual recording device (as defined in IC 35-46-8-2);
(4) confiscate any unauthorized copies of a motion picture or another audiovisual work; and
(5) inform the appropriate law enforcement officer or agency that the person is being detained.
(b) Detention under subsection (a):
(1) must:
(A) be reasonable; and
(B) last only for a reasonable time; and
(2) may not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever occurs first.
As added by P.L.94-2005, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-3. Placement of Information Before Law Enforcement Officer; Presumption

Sec. 3. An owner or agent of a store or motion picture exhibition facility who informs a law enforcement officer of the circumstantial basis for detention and any additional relevant facts shall be presumed to be placing information before the law enforcement officer. The placing of this information does not constitute a charge of crime.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.3.