Allegations of fact; basis; information required; supporting
affidavits
Sec. 3. (a) Allegations of fact in an application for a warrant
submitted under this chapter may be based either upon the personal
knowledge of the applicant or upon information and belief.
(b) If the applicant personally knows the facts alleged, the
applicant shall state that the affidavit is based upon personal
knowledge.
(c) If the allegations of fact are derived in whole or in part from
the statements of persons other than the applicant:
(1) the sources of the applicant's information and belief must be
either disclosed or described;
(2) the application must contain facts establishing the existence
and reliability of:
(A) any informant; and
(B) information supplied by any informant; and
(3) the basis of an informant's knowledge or belief must be
disclosed, as far as possible.
(d) If the applicant's information and belief is derived from:
(1) tangible evidence; or
(2) recorded oral evidence;
the applicant shall attach to the application a copy or detailed
description of the tangible evidence or recorded oral evidence.
(e) Affidavits of persons other than the applicant may be attached
to the application if the affidavits of other persons tend to support
any fact or conclusion alleged in the application. An affidavit
attached to the application under this subsection may be based either
on personal knowledge of the affiant or on information and belief.
However, if the attached affidavit is based on information and belief
the affiant shall state the source of, and the reason for, the
information and belief.
As added by P.L.161-1990, SEC.3.
Last modified: May 24, 2006