Motion to suppress; information or evidence available to aggrieved
person; appeal of granted motion
Sec. 5. (a) If a court grants a motion to suppress under this article,
the contents of the interception or evidence derived from the
interception are considered to have been obtained in violation of this
article. The court, upon the filing of the motion by an aggrieved
person, may make available for inspection to the aggrieved person,
or the person's attorney, any part of the interception or evidence
derived from the interception that the court determines to be in the
interest of justice.
(b) In addition to any other right to appeal, the state may appeal
from an order granting a motion to suppress made under this section
if the prosecuting attorney certifies to the court granting the motion
that the appeal is not taken for purpose of delay. The state must file
the appeal in accordance with the rules adopted by the Indiana
supreme court.
As added by P.L.161-1990, SEC.3.
Last modified: May 24, 2006