CRIMINAL LAWAND PROCEDURE
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a retrial, the photograph and description of the
property shall be admissible into evidence in the
place of the actual physical evidence. All other
rules governing the admissibility of evidence shall
apply to the photographs.
(g) The law enforcement agency disposing of
property in any manner provided in subsection (b),
(c), or (e) shall maintain certified records of any
disposition under subsection (b), (c), or (e).
Disposition by destruction of property shall be wit-
nessed by two (2) persons who shall also attest to
the destruction.
(h) This section does not affect the procedure
for the disposition of firearms seized by a law
enforcement agency.
(i) A law enforcement agency that disposes of
property by auction under this section shall per-
manently stamp or otherwise permanently iden-
tify the property as property sold by the law
enforcement agency.
(j) Upon motion of the prosecuting attorney,
the court shall order property seized under IC 34-
24-1 transferred, subject to the perfected liens or
other security interests of any person in the prop-
erty, to the appropriate federal authority for dis-
position under 18 U.S.C. 981(e), 19 U.S.C. 1616a,
or 21 U.S.C. 881(e) and any related regulations
adopted by the United Stated Department of
Justice.
35-33-5-6. Search for dead bodies.
When an affidavit is filed before a judge alleg-
ing that the affiant has good reason to believe, and
does believe, that a dead human body is illegally
secreted in a certain building, or other particularly
specified place in the county, the judge may issue
a search warrant authorizing a law enforcement
officer to enter and search the building or other
place for the dead body. While making the search,
the law enforcement officer shall have the power
of an officer executing a regular search warrant.
35-33-5-7. Execution of warrant.
(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 exe-
cuted according to its terms anywhere in the
county of the issuing court.
(b) 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 unneces-
sary 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 exe-
cute a search warrant, if the officer is not admit-
ted following an announcement of the officer’s
authority and purpose.
(e) A person or persons whose property is
wrongfully damaged or whose person is wrong-
fully 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.
35-33-5-8. Warrant issued without affidavit.
(a) A judge may issue a search or arrest war-
rant without the affidavit required under section
2 of this chapter, if the judge receives testimony
subject to the penalties for perjury of the same facts
required for an affidavit:
(1) in a nonadversarial, recorded hearing
before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission
(FAX); or
(4) in writing by electronic mail or other
electronic transmission.
(b) If a warrant is issued under subsection
(a)(1), the judge shall order the court reporter to
type or transcribe the testimony from the hearing
for entry in the record. The judge shall then cer-
tify the transcript.
(c) After reciting the facts required for an affi-
davit and verifying the facts recited under penalty
of perjury, an applicant for a warrant under sub-
section (a)(2) shall read to the judge the warrant
from a warrant form on which the applicant enters
the information read by the applicant to the judge.
The judge may direct the applicant to modify the
warrant. If the judge agrees to issue the warrant,
