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Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-5-8
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Indiana Lawyer > Criminal Law and Procedure > Indiana Code - Criminal Law and Procedure - Title 35, Section 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 sworn testimony of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio; or
(3) in writing by facsimile transmission (FAX).
(b) 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.
(c) After transmitting an affidavit, an applicant for a warrant
under subsection (a)(3) 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 transmit to the applicant a duplicate of the warrant. The
judge shall then sign the warrant retained by the judge, adding the
time of the issuance of the warrant.
(d) 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.
(e) If a warrant is issued under subsection (a)(3), the judge shall
order the court reporter to the retype or copy the facsimile
transmission for entry in the record. The judge shall certify the
transcription or copy and warrant retained by the judge for entry in
the record.
(f) The court reporter shall notify the applicant who received a
warrant under subsection (a)(2) or (a)(3) when the transcription or
copy required under this section is entered in the record. The
applicant shall sign the typed, transcribed, or copied entry upon
receiving notice from the court reporter. As added by P.L.161-1990, SEC.2.
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Last modified: May 24, 2006
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