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) Except as provided in subsection (f), 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 the officer is not admitted following an announcement of the officer's 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 or superior court in the county where the wrongful entry took place.
(f) Notwithstanding section 4 of this chapter, a warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer. A return of a warrant authorizing a search, testing, or other analysis of an item is sufficient if the return contains a statement indicating that the item was seized by a law enforcement officer.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.320-1983, SEC.7; P.L.201-2011, SEC.111; P.L.63-2020, SEC.1.
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