Indiana Code
Ind. Code § 35-33-5-12 (2026)
Use of real time tracking instruments; geolocation information
✓ current as of May 2026
Sec. 12. (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless:
(1) the law enforcement officer or law enforcement agency has obtained an order issued by a court based upon a finding of probable cause to use the tracking instrument; or
(2) exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.
(b) If a law enforcement officer or law enforcement agency uses a real time tracking instrument described in subsection (a) based upon the existence of exigent circumstances, the law enforcement officer or law enforcement agency shall seek to obtain an order issued by a court based upon a finding of probable cause not later than seventy-two (72) hours after the initial use of the real time tracking instrument.
As added by P.L.170-2014, SEC.22.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2015–2025 · leading case: Morgan K. Govan v. State of Indiana, 116 N.E.3d 1165 (Ind. Ct. App. 2019).
Morgan K. Govan v. State of Indiana, 116 N.E.3d 1165 (Ind. Ct. App. 2019). “Indiana Code section 35-33-5-12 (2014) provides: (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device connected to a cellular network unless: (1) the…”
Shakur Johnson v. State of Indiana, 117 N.E.3d 581 (Ind. Ct. App. 2018). “Police obtained this information pursuant to Indiana Code section 35-33-5-12(a)(2) (2014), which provides: (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a…”
In re Tel. Info. Needed for a Crim. Investigation, 119 F. Supp. 3d 1011 (N.D. Cal. 2015). “168/10; Ind.Code § 35-33-5-12; Md.Code Ann., Crim.”
Ford, Jon Thomas, 477 S.W.3d 321 (Tex. Crim. App. 2015). “Stat, 168/10; Ind.Code 35-33-5-12; Md. Code Ann.Crim. Proc.”
Christian Vernon Sims v. State, 526 S.W.3d 638 (Tex. App. 2017). “168/10; Ind. Code 35-33-5-12; Md. Code *644 Ann. Crim.”
Richard Lawrence-Ari Brooks, Jr. v. State of Indiana (Ind. Ct. App. 2025). “Court of Appeals of Indiana | Opinion 23A-CR-2602 | January 31, 2025 Page 10 of 20 Ind. Code § 35-33-5-12 (a). 3 Our Legislature did not define the term “exigent circumstances” for purposes of this statute.”
James Jenkins v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017). “[15] The State argues that Jenkins waived appellate review of his statutory claims because such claims are being raised for the first time on appeal, and that, waiver notwithstanding, the police complied with Ind. Code § 35-33-5-12 , which governs the use of tracking devices.”
— Ind. Code § 35-33-5-12(a) — 2 cases
In re Tel. Info. Needed for a Crim. Investigation, 119 F. Supp. 3d 1011 (N.D. Cal. 2015). “168/10; Ind.Code § 35-33-5-12; Md.Code Ann., Crim.”
Richard Lawrence-Ari Brooks, Jr. v. State of Indiana (Ind. Ct. App. 2025). “Court of Appeals of Indiana | Opinion 23A-CR-2602 | January 31, 2025 Page 10 of 20 Ind. Code § 35-33-5-12 (a). 3 Our Legislature did not define the term “exigent circumstances” for purposes of this statute.”
— Ind. Code § 35-33-5-12(a)(2) — 2 cases
Shakur Johnson v. State of Indiana, 117 N.E.3d 581 (Ind. Ct. App. 2018). “Police obtained this information pursuant to Indiana Code section 35-33-5-12(a)(2) (2014), which provides: (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a…”
Morgan K. Govan v. State of Indiana, 116 N.E.3d 1165 (Ind. Ct. App. 2019). “Indiana Code section 35-33-5-12 (2014) provides: (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device connected to a cellular network unless: (1) the…”
— Ind. Code § 35-33-5-12(b) — 3 cases
Morgan K. Govan v. State of Indiana, 116 N.E.3d 1165 (Ind. Ct. App. 2019). “Indiana Code section 35-33-5-12 (2014) provides: (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device connected to a cellular network unless: (1) the…”
Shakur Johnson v. State of Indiana, 117 N.E.3d 581 (Ind. Ct. App. 2018). “Police obtained this information pursuant to Indiana Code section 35-33-5-12(a)(2) (2014), which provides: (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a…”
Richard Lawrence-Ari Brooks, Jr. v. State of Indiana (Ind. Ct. App. 2025). “Court of Appeals of Indiana | Opinion 23A-CR-2602 | January 31, 2025 Page 10 of 20 Ind. Code § 35-33-5-12 (a). 3 Our Legislature did not define the term “exigent circumstances” for purposes of this statute.”
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