Automatic review of issuance; warrant stayed; extension excepted
Sec. 3. (a) If a court grants a warrant under this article, the
prosecuting attorney shall apply to the court of appeals for an ex
parte de novo review of the issuing court's decision. Issuance of the
warrant is subject to automatic review and shall be given priority
over all other cases. The prosecuting attorney is entitled to expedited
review of the issuance of the warrant under rules adopted by the
supreme court. Notwithstanding IC 33-25-1-5, the chief judge of the
court of appeals shall assign these cases for review to a district other
than the district where the circuit or superior court that granted the
warrant is located.
(b) In the review, the court of appeals shall review the reasons for
the issuance of the warrant and determine whether the requirements
of this article have been met.
(c) The court of appeals may affirm, modify, or overrule the order
of the court to which the application was made. The court of appeals
may not increase the authority for interception beyond that requested
in the application.
(d) A warrant must be stayed until the court of appeals completes
the review.
(e) Issuance of an extension is not subject to automatic review
under this section.
As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004,
SEC.143.
Last modified: May 24, 2006