Affidavit; descriptions; information to establish credibility of
hearsay; form
Sec. 2. (a) Except as provided in section 8 of this chapter, 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 as are to be searched for are there concealed;
or
(B) the person to be arrested committed the offense; and
(3) setting forth the facts then in knowledge of the affiant or
information 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.
Subscribed and sworn to before me this _____ day of
_______ 20__.
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.
Last modified: May 24, 2006