What are the search warrant requirements in Indiana?
Indiana's warrant procedure is codified in Chapter 5 of Article 33 of Title 35, with state constitutional protection under art. I § 11.
1. Constitutional Foundation
The Fourth Amendment is supplemented by Ind. Const. art. I § 11. The Indiana Supreme Court applies a unique three-factor reasonableness test under § 11 — degree of suspicion, intrusion, and law enforcement need (Litchfield v. State) — rather than tracking federal categories.
2. Probable Cause & Affidavit
Ind. Code § 35-33-5-2 requires a sworn affidavit stating facts establishing probable cause. The warrant must particularly describe the place and items (§ 35-33-5-2). Indiana applies the Gates totality test under the Fourth Amendment, plus the Litchfield reasonableness test under § 11. Anticipatory warrants are recognized.
3. Who Issues
Ind. Code § 35-33-5-1 authorizes any judge of a court of record. The issuer must be neutral and detached.
4. Execution
Ind. Code § 35-33-5-7 codifies knock-and-announce: officers may force entry only after notice of authority and purpose and refusal. No-knock authorization is permitted upon a showing of danger or destruction (Lacey v. State). Section 35-33-5-7 requires execution within 10 days. Nighttime execution is permitted unless the warrant restricts it.
5. Scope & Plain View
Search is limited to areas where listed items could reasonably be hidden. Plain-view seizure is permitted when officers are lawfully present and incriminating nature is immediately apparent (Horton v. California).
6. Exceptions to the Warrant Requirement
Consent, search incident to arrest, exigent circumstances, automobile (Carroll, modified by Litchfield), inventory, protective sweep, and Terry frisk. Indiana also recognizes a "community caretaking" exception narrowly under § 11.
7. Suppression
Indiana recognizes the Leon good-faith exception under the Fourth Amendment (Mers v. State). However, suppression under art. I § 11 is governed by the Litchfield reasonableness test, which sometimes excludes evidence federal law would admit.
This is legal information, not legal advice.
- Evidence seized via a no-knock warrant without sufficient justification
- Items seized outside the warrant's particular description
- A search appears unreasonable under the Litchfield three-factor test
- Ind. Code § 35-33-5-1 et seq.
- Ind. Code § 35-33-5-2
- Ind. Code § 35-33-5-7
- U.S. Const. amend. IV
- Ind. Const. art. I § 11
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.