Sec. 3. A search warrant in substantially the following
form shall be sufficient:
STATE OF INDIANA
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SS:
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COUNTY OF _____________
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IN THE _______ COURT
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OF
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_____________________
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To _______________ (herein insert the name, department or
classification of the law enforcement officer to whom it is addressed)
You are authorized and ordered, in the name of the State of Indiana,
with the necessary and proper assistance to enter into or upon
________________________ (here describe the place to be searched),
and there diligently search for ________________ (here describe
property which is the subject of the search). You are ordered to seize
such property, or any part thereof, found on such search.
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Dated this ____ day of ______, 20___, at the hour of ___ __M.
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_________________________
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(Signature of Judge)
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Executed this ___ day of ____, 20___, at the hour of ____ ___M.
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________________________________
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(Signature of Law Enforcement Officer)
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As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.2-2005, SEC.118.
Notes of Decisions
Gary Elvers v. State of Indiana, 22 N.E.3d 824 (Ind. Ct. App. 2014).
· cites it 2× “In order to be sufficient, Indiana Code section 35-33-5-3 requires a search warrant to be “in substantially the following form”: To-(herein insert the name, department or classification of the law enforcement officer to whom it is addressed) You are authorized and ordered, in…”
Baker v. State, 449 N.E.2d 1085 (Ind. 1983).
· cites it 2× “In enacting the current statute I.C. § 35-33-5-3 [Burns Supp.1982], the legislature recognized this rationale.”
Brannon v. State, 801 N.E.2d 750 (Ind. Ct. App. 2004).
· cites it 2× “Ind.Code § 35-33-5-3 provides: A search warrant in substantially the following form shall be sufficient: [[Image here]] *752 To (herein insert the name, department or classification of the law enforcement officer to whom it is addressed) You are authorized and ordered, in the…”
Marchetti v. State, 725 N.E.2d 934 (Ind. Ct. App. 2000).
· cites it 2× “Code § 35-1-6-2 (the predecessor statute of IC § 35-33-5-2) and IC § 35-1-6-3 (the predecessor statute of IC § 35-33-5-3, which provides that a search warrant issued in substantially the same form as that set forth in the statute will be deemed sufficient), did not prohibit the…”
State of Indiana v. Wesley Ryder, 148 N.E.3d 306 (Ind. 2020).
· cites it 2× “20S-CR-435 | June 29, 2020 Page 6 of 15 (specifying exact requirements for how a warrant can be approved without a written affidavit) and even provides a sample warrant form, see Ind. Code § 35-33-5-3 . When written affidavits are used, the General Assembly has long required…”
Boddie v. Morales, No. 1:19-cv-00070 (N.D. Ind. Feb. 18, 2022).
· cites it 2× “2 He describes this warrant as insufficient and not in compliance with Indiana Code § 35-33-5-3 because “it contains no date nor time as to when it was executed there is no signature of any Fort Wayne Police officer to which is and or was the warrants (sic) executioner.”
Jessie-bey v. In the Est. of Roy Alan Brubaker, No. 1:23-cv-00505 (S.D. Ind. Dec. 13, 2023).
· cites it 2× “Code § 35-33-5-2 and Ind. Code § 35-33-5-3 . Dkt. 14 at 4. Neither of these sections of Indiana Criminal Law provide an avenue of relief for Mr.”
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