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) 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 he is not
admitted following an announcement of his 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,
superior court or county court in the county where the wrongful entry
took place.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.320-1983,
SEC.7.
Last modified: May 24, 2006