CRIMINAL LAWAND PROCEDURE
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Chapter 5. Search Warrants.
35-33-5-0.1. Applicability (2001)
35-33-5-0.5 Definitions
35-33-5-1 Issuance of warrants
35-33-5-2 Affidavit required
35-33-5-3 Form of warrant
35-33-5-4 Return upon execution
35-33-5-5 Disposition of seized items
35-33-5-6 Search for dead bodies
35-33-5-7 Execution of warrant
35-33-5-8 Warrant issued without affidavit
35-33-5-9 Search warrant required for unmanned
aerial vehicle; exceptions
35-33-5-10 Unmanned aerial vehicle; inadmissible
evidence
35-33-5-11 Search warrant required for obtaining
stored electronic user data
35-33-5-12 Court order required for use of real time
tracking instrument
35-33-5-13 Immunity
35-33-5-14 Journalist privilege
35-33-5-0.1. Applicability (2001).
The amendments made to section 5 of this
chapter by P.L.17-2001 apply to all actions of a law
enforcement agency taken after June 30, 2001.
35-33-5-0.5. Definitions.
The following definitions apply throughout
this chapter:
(1) “Electronic communication service”
means a service that provides users with the
ability to send or receive wire or elec-
tronic communications.
(2) “Electronic storage” means any storage
or electronic user data on a computer, com-
puter network, or computer system regard-
less of whether to data is subject to recall,
further manipulation, deletion, or trans-
mission. “Electronic storage” includes
any storage or electronic communication
by an electronic communication service or
a remote computing service.
(3) “Electronic user data” means any data
or records that are in the possession, care,
custody, or control of a provider of an
electronic communication service, a remote
computing service, or any other service
or program that stores, uses, collects, or
safeguards electronic user data.
(4) “Governmental entity” has the mean-
ing set forth in IC 35-31.5-2-144. For
purposes of this chapter, “governmental
entity” also includes a person authorized
to act on behalf of a state or local agency.
(5) “Intercept” means to acquire geoloca-
tion data through the use of an electronic
device, mechanical device, or other device.
(6) “Remote computing service” means
the provision to the public of computer
storage or processing services by means of
an electronic communication service.
(7) “Unmanned aerial vehicle” means an
aircraft that:
(A) does not carry a human operator;
and
(B) is capable of flight under remote
control or autonomous programming.
(8) “Use of an unmanned aerial vehicle”
means the use of an unmanned aerial vehi-
cle by a law enforcement officer to obtain
evidence relevant to the enforcement of
statutes, rules, or regulations. The term
includes:
(A) the interception of wire, electronic,
or oral communications; and
(B) the capture, collection, monitor-
ing, or viewing of images.
(9) “User” means any person who:
(A) uses an electronic communication
service, remote computing service,
geolocation information service, or an
electronic device; and
(B) may or may not be the person or
entity having legal title, claim, or right
to the electronic device or electronic
user data.
35-33-5-1. Issuance of warrants.
(a) A court may issue warrants only upon
probable cause, supported by oath or affirmation,
to search any place for any of the following:
(1) Property which is obtained unlawfully.
(2) Property, the possession of which is
unlawful.
(3) Property used or possessed with intent
to be used as a means of committing an
offense or concealed to prevent an offense
from being discovered.
