CRIMINAL LAWAND PROCEDURE
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(4) Property constituting evidence of an
offense or tending to show that a particu-
lar person committed an offense.
(5) Any person.
(6) Evidence necessary to enforce statutes
enacted to prevent cruelty or neglect of
children.
(7) A firearm possessed by a person who
is dangerous (as defined in IC 35-47-14-
1).
(b) As used in this section, “place” includes
any location where property might be secreted or
hidden, including buildings, persons, or vehicles.
35-33-5-2. Affidavit required.
(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 unless 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 commit-
ted the offense; and
(3) setting forth the facts known to the
affiant through personal knowledge or
based on hearsay, constituting the proba-
ble cause.
(b) When based on hearsay, the affidavit must
either:
(1) contain reliable information establish-
ing 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 cor-
roborates the hearsay.
(c) An affidavit for search substantially in the
following form shall be treated as sufficient:
STATE OF INDIANA )
) SS:
COUNTY OF __________ )
AB 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, affirm under penalties for perjury that the fore-
going representations are true.
_______________________________
(Signed) Affiant Date
