Indiana Code - Criminal Law and Procedure - Title 35, Section 35-37-4-5
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Indiana Law > Criminal Law and Procedure > Indiana Code - Criminal Law and Procedure - Title 35, Section 35-37-4-5
Evidence unlawfully obtained by officer in good faith; exclusion
Sec. 5. (a) In a prosecution for a crime or a proceeding to enforce
an ordinance or a statute defining an infraction, the court may not
grant a motion to exclude evidence on the grounds that the search or
seizure by which the evidence was obtained was unlawful if the
evidence was obtained by a law enforcement officer in good faith.
(b) For purposes of this section, evidence is obtained by a law
enforcement officer in good faith if:
(1) it is obtained pursuant to:
(A) a search warrant that was properly issued upon a
determination of probable cause by a neutral and detached
magistrate, that is free from obvious defects other than
nondeliberate errors made in its preparation, and that was
reasonably believed by the law enforcement officer to be
(B) a state statute, judicial precedent, or court rule that is
later declared unconstitutional or otherwise invalidated; and
(2) the law enforcement officer, at the time he obtains the
evidence, has satisfied applicable minimum basic training
requirements established by rules adopted by the law
enforcement training board under IC 5-2-1-9.
(c) This section does not affect the right of a person to bring a
civil action against a law enforcement officer or a governmental
entity to recover damages for the violation of his rights by an
unlawful search and seizure.
As added by P.L.323-1983, SEC.1.
Last modified: May 25, 2006