Version b
Warrantless seizure of firearm; written statement; judicial review
Note: This version of section added by P.L.187-2005, SEC.4. See
also preceding version of this chapter added by P.L.140-2005,
SEC.9.
Sec. 3. (a) If a law enforcement officer seizes a firearm from a
person whom the law enforcement officer believes to be dangerous
without obtaining a warrant, the law enforcement officer shall submit
to the circuit or superior court having jurisdiction over the person
believed to be dangerous a written statement under oath or
affirmation describing the basis for the law enforcement officer's
belief that the person is dangerous.
(b) The court shall review the written statement described in
subsection (a). If the court finds that probable cause exists to believe
that the person is dangerous, the court shall order the law
enforcement agency having custody of the firearm to retain the
firearm. If the court finds that there is no probable cause to believe
that the person is dangerous, the court shall order the law
enforcement agency having custody of the firearm to return the
firearm to the person.
(c) This section does not authorize a law enforcement officer to
perform a warrantless search or seizure if a warrant would otherwise
be required.
As added by P.L.187-2005, SEC.4.
Last modified: May 24, 2006