Sec. 2. (a) Except as provided in section 8 of this chapter, and subject to the requirements of section 11 of this chapter, if applicable, 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 sought are concealed there; or
(B) the person to be arrested committed the offense; and
(3) setting forth the facts known to the affiant through personal knowledge or 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.
In accordance with Indiana Trial Rule 11, I affirm under the penalties for perjury that the foregoing representations are true.
_______________________________________
(Signed) Affiant Date
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; P.L.170-2014, SEC.17.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings
35-33-5-0.1. Application of Certain Amendments to Chapter
35-33-5-2. Affidavit; Descriptions; Information to Establish Credibility of Hearsay; Form
35-33-5-4. Return; Initial Disposition of Property Seized
35-33-5-6. Dead Body; Search of Building or Place; Affidavit
35-33-5-7. Execution of Search Warrant; Forcible Entry; Wrongful Entry; Recovery of Damages
35-33-5-8. Issue of Warrant Without Affidavit; Types of Sworn Testimony; Procedures; Perjury
35-33-5-9. Unmanned Aerial Vehicles; Search Warrant; Exceptions
35-33-5-10. Admissibility of Evidence; Unmanned Aerial Vehicles
35-33-5-11. Electronic User Data Held in Electronic Storage
35-33-5-12. Use of Real Time Tracking Instruments; Geolocation Information
35-33-5-13. Immunity From Civil or Criminal Liability