Indiana Code
Ind. Code § 35-33-5-2 (2026)
Affidavit; descriptions; information to establish credibility of hearsay; form
✓ current as of May 2026
Sec. 2. (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 until 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 committed the offense; and
(3) setting forth the facts known to the affiant through personal knowledge or based on hearsay, constituting the probable cause.
(b) When based on hearsay, the affidavit must either:
(1) contain reliable information establishing 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 corroborates the hearsay.
(c) An affidavit for search substantially in the following form shall be treated as sufficient:
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STATE OF INDIANA |
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) SS: |
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COUNTY OF ___________________ |
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A B 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, I affirm under the penalties for perjury that the foregoing representations are true.
_______________________________________
(Signed) Affiant Date
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.177-1984, SEC.1; P.L.161-1990, SEC.1; P.L.1-1991, SEC.190; P.L.2-2005, SEC.117; P.L.170-2014, SEC.17.
Notes of Decisions
Cited in 155
cases (6 in the last 5 years), 1985–2026 · leading case: State v. Spillers, 847 N.E.2d 949 (Ind. 2006).
State v. Spillers, 847 N.E.2d 949 (Ind. 2006). “[2] These constitutional principles are codified in Indiana Code section 35-33-5-2, which details the information to be contained in an affidavit for a search warrant.”
Jefferson v. State, 891 N.E.2d 77 (Ind. Ct. App. 2008). “Specifically, Jefferson argues that Ind. Code § 35-33-5-2 (a) requires that a probable cause affidavit be filed with the trial court before a search is conducted.”
Houser v. State, 678 N.E.2d 95 (Ind. 1997). “Houser argues the warrant was defective because it contained the wrong street address, did not describe in detail the property that was to be seized, and failed to comply with the probable cause requirements of Ind.Code § 35-33-5-2. In particular, Houser claims that White’s…”
Scott v. State, 883 N.E.2d 147 (Ind. Ct. App. 2008). “2007), we are called upon to determine whether the October 10, 2006, affidavit was “filed” under Indiana Code section 35-33-5-2. Questions of statutory interpretation are reviewed de novo.”
Jaggers v. State, 687 N.E.2d 180 (Ind. 1997). “We grant transfer to address the interplay between the “good faith” exception to the exclusionary rule and the warrant statute, Indiana Code § 35-33-5-2. Because we hold that the evidence used to convict Jaggers was inadmissible, we reverse the conviction and remand for further…”
Newby v. State, 701 N.E.2d 593 (Ind. Ct. App. 1998). “Further, Indiana Code § 35-33-5-2(a)(2)(A) provides that a magistrate may not issue a warrant unless the affiant shows that he has good cause to believe that “the things as are to be searched for are there concealed.”
Allen v. State, 798 N.E.2d 490 (Ind. Ct. App. 2003). “In the instant case, Allen attacks the content of the affidavit, contending that the affidavit fails to comply with the mandates of I.C. § 35-33-5-2, requiring that affidavits based upon hearsay establish the credibility of each of the declarants.”
Brian Bradley v. State of Indiana, 4 N.E.3d 831 (Ind. Ct. App. 2014). “Ind. Code § 35-33-5-2 (b)(1) & (2). The trustworthiness of hearsay for the purpose of proving probable cause can be established in a number of ways, including where: (1) the informant has given correct information in the past, (2) independent police investigation corroborates…”
Esquerdo v. State, 640 N.E.2d 1023 (Ind. 1994). “When seeking either a search or an arrest warrant, the police must follow the warrant statute, I.C. § 35-33-5-2 (West supp. 1994), which specifies the minimum information necessary to establish probable cause.”
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “CODE § 35-33-5-2(a)(1)(A). In determining whether probable cause exists to support the issuance of a warrant, the magistrate makes a "practical, common-sense decision whether, given all the circumstances .”
Brandon McGrath v. State of Indiana, 95 N.E.3d 522 (Ind. 2018). “Article 1, Section 11 of the Indiana Constitution contains language nearly identical to its federal counterpart. And our statutory law codifies these constitutional principles, setting forth the requisite information for an affidavit to establish probable cause.”
Iddings v. State, 772 N.E.2d 1006 (Ind. Ct. App. 2002). “This Fourth Amendment credibility requirement with respect to the use of informants to establish probable cause has been codified in Indiana Code Section 35-33-5-2(b), which provides that a probable cause affidavit based on hearsay must: (1) contain reliable information…”
— Ind. Code § 35-33-5-2(a) — 22 cases
Jefferson v. State, 891 N.E.2d 77 (Ind. Ct. App. 2008). “Specifically, Jefferson argues that Ind. Code § 35-33-5-2 (a) requires that a probable cause affidavit be filed with the trial court before a search is conducted.”
Johnson v. State, 952 N.E.2d 305 (Ind. Ct. App. 2011).
Bowles v. State, 820 N.E.2d 739 (Ind. Ct. App. 2005).
Scott v. State, 883 N.E.2d 147 (Ind. Ct. App. 2008). “2007), we are called upon to determine whether the October 10, 2006, affidavit was “filed” under Indiana Code section 35-33-5-2. Questions of statutory interpretation are reviewed de novo.”
State v. Rucker, 861 N.E.2d 1240 (Ind. Ct. App. 2007).
— Ind. Code § 35-33-5-2(a)(1)(A) — 1 case
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “CODE § 35-33-5-2(a)(1)(A). In determining whether probable cause exists to support the issuance of a warrant, the magistrate makes a "practical, common-sense decision whether, given all the circumstances .”
— Ind. Code § 35-33-5-2(a)(1)(B) — 1 case
Lee v. State, 715 N.E.2d 1289 (Ind. Ct. App. 1999).
— Ind. Code § 35-33-5-2(a)(2) — 1 case
Jeffrey Alan Davis v. State of Indiana (Ind. Ct. App. 2013).
— Ind. Code § 35-33-5-2(a)(2)(A) — 2 cases
Newby v. State, 701 N.E.2d 593 (Ind. Ct. App. 1998). “Further, Indiana Code § 35-33-5-2(a)(2)(A) provides that a magistrate may not issue a warrant unless the affiant shows that he has good cause to believe that “the things as are to be searched for are there concealed.”
Marchetti v. State, 725 N.E.2d 934 (Ind. Ct. App. 2000).
— Ind. Code § 35-33-5-2(a)(3) — 2 cases
State of Indiana v. Ryan Stabler (mem. dec.) (Ind. Ct. App. 2018).
Jesse R. Bunnell v. State of Indiana (Ind. Ct. App. 2020).
— Ind. Code § 35-33-5-2(a)(l)(A) — 1 case
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “CODE § 35-33-5-2(a)(1)(A). In determining whether probable cause exists to support the issuance of a warrant, the magistrate makes a "practical, common-sense decision whether, given all the circumstances .”
— Ind. Code § 35-33-5-2(b) — 48 cases
Frasier v. State, 794 N.E.2d 449 (Ind. Ct. App. 2003).
Leicht v. State, 798 N.E.2d 204 (Ind. Ct. App. 2003).
Esquerdo v. State, 640 N.E.2d 1023 (Ind. 1994). “When seeking either a search or an arrest warrant, the police must follow the warrant statute, I.C. § 35-33-5-2 (West supp. 1994), which specifies the minimum information necessary to establish probable cause.”
Methene v. State, 720 N.E.2d 384 (Ind. Ct. App. 1999).
Newby v. State, 701 N.E.2d 593 (Ind. Ct. App. 1998). “Further, Indiana Code § 35-33-5-2(a)(2)(A) provides that a magistrate may not issue a warrant unless the affiant shows that he has good cause to believe that “the things as are to be searched for are there concealed.”
— Ind. Code § 35-33-5-2(b)(1) — 8 cases
State v. Spillers, 847 N.E.2d 949 (Ind. 2006). “[2] These constitutional principles are codified in Indiana Code section 35-33-5-2, which details the information to be contained in an affidavit for a search warrant.”
Iddings v. State, 772 N.E.2d 1006 (Ind. Ct. App. 2002). “This Fourth Amendment credibility requirement with respect to the use of informants to establish probable cause has been codified in Indiana Code Section 35-33-5-2(b), which provides that a probable cause affidavit based on hearsay must: (1) contain reliable information…”
Hirshey v. State, 852 N.E.2d 1008 (Ind. Ct. App. 2006).
Brandon McGrath v. State of Indiana, 95 N.E.3d 522 (Ind. 2018). “Article 1, Section 11 of the Indiana Constitution contains language nearly identical to its federal counterpart. And our statutory law codifies these constitutional principles, setting forth the requisite information for an affidavit to establish probable cause.”
Allen v. State, 798 N.E.2d 490 (Ind. Ct. App. 2003). “In the instant case, Allen attacks the content of the affidavit, contending that the affidavit fails to comply with the mandates of I.C. § 35-33-5-2, requiring that affidavits based upon hearsay establish the credibility of each of the declarants.”
— Ind. Code § 35-33-5-2(b)(2) — 9 cases
Hayworth v. State, 904 N.E.2d 684 (Ind. Ct. App. 2009).
Ware v. State, 859 N.E.2d 708 (Ind. Ct. App. 2007).
Scott v. State, 883 N.E.2d 147 (Ind. Ct. App. 2008). “2007), we are called upon to determine whether the October 10, 2006, affidavit was “filed” under Indiana Code section 35-33-5-2. Questions of statutory interpretation are reviewed de novo.”
Everroad v. State, 590 N.E.2d 567 (Ind. 1992).
Brandon McGrath v. State of Indiana, 95 N.E.3d 522 (Ind. 2018). “Article 1, Section 11 of the Indiana Constitution contains language nearly identical to its federal counterpart. And our statutory law codifies these constitutional principles, setting forth the requisite information for an affidavit to establish probable cause.”
— Ind. Code § 35-33-5-2(b)(l) — 4 cases
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013).
Newby v. State, 701 N.E.2d 593 (Ind. Ct. App. 1998). “Further, Indiana Code § 35-33-5-2(a)(2)(A) provides that a magistrate may not issue a warrant unless the affiant shows that he has good cause to believe that “the things as are to be searched for are there concealed.”
State of Indiana v. Douglas E. Shipman, 987 N.E.2d 1122 (Ind. Ct. App. 2013).
Brian Bradley v. State of Indiana, 4 N.E.3d 831 (Ind. Ct. App. 2014). “Ind. Code § 35-33-5-2 (b)(1) & (2). The trustworthiness of hearsay for the purpose of proving probable cause can be established in a number of ways, including where: (1) the informant has given correct information in the past, (2) independent police investigation corroborates…”
— Ind. Code § 35-33-5-2(c) — 4 cases
Ziad Abd v. State of Indiana, 120 N.E.3d 1126 (Ind. Ct. App. 2019).
Schweitzer v. State, 531 N.E.2d 1386 (Ind. 1989).
Jesse R. Bunnell v. State of Indiana (Ind. Ct. App. 2020).
Omid Petrelli v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
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