Indiana Code
Ind. Code § 35-37-4-5 (2026)
Evidence unlawfully obtained by officer in good faith; exclusion
✓ current as of May 2026
Sec. 5. (a) In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the evidence was obtained by a law enforcement officer in good faith.
(b) For purposes of this section, evidence is obtained by a law enforcement officer in good faith if:
(1) it is obtained pursuant to:
(A) a search warrant that was properly issued upon a determination of probable cause by a neutral and detached magistrate, that is free from obvious defects other than nondeliberate errors made in its preparation, and that was reasonably believed by the law enforcement officer to be valid; or
(B) a state statute, judicial precedent, or court rule that is later declared unconstitutional or otherwise invalidated; and
(2) the law enforcement officer, at the time he obtains the evidence, has satisfied applicable minimum basic training requirements established by rules adopted by the law enforcement training board under IC 5-2-1-9.
(c) This section does not affect the right of a person to bring a civil action against a law enforcement officer or a governmental entity to recover damages for the violation of his rights by an unlawful search and seizure.
As added by P.L.323-1983, SEC.1.
Notes of Decisions
Cited in 71
cases (2 in the last 5 years), 1993–2025 · leading case: Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006).
Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006). “The good faith exception established in Indiana Code Section 35-37-4-5 is inapplicable to the present action.”
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “For the same reason, the evidence from Lloyd's apartment could not have been obtained in good faith by a law enforcement officer as required by Indiana Code § 35-37-4-5. Under the relevant statutory provision, evidence obtained by an unlawful search or seizure may not be…”
Belvedere v. State, 875 N.E.2d 352 (Ind. Ct. App. 2007). “1991); see also Ind.Code § 35-37-4-5 (2004) ("good faith statute").”
State v. Brown, 840 N.E.2d 411 (Ind. Ct. App. 2006). “Ind.Code § 35-37-4-5 {emphasis added). Although the State mentions Indiana Code Section 35-37-4-5, it concentrates its appellate argument on the Leon good faith exception.”
State v. Spillers, 847 N.E.2d 949 (Ind. 2006). “The good faith exception to the warrant requirement has been codified by Indiana Code section 35-37-4-5. Here, there is no allegation that the first exception applies.”
Best v. State, 821 N.E.2d 419 (Ind. Ct. App. 2005). “Ind.Code § 35-37-4-5. Evidence is obtained by a police officer in good faith where the evidence was obtained pursuant to a search warrant that was properly issued upon a determination of probable cause by a neutral and detached magistrate, that is free from obvious defects other…”
Frasier v. State, 794 N.E.2d 449 (Ind. Ct. App. 2003). “1998), which states, "In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the…”
Moran v. State, 644 N.E.2d 536 (Ind. 1994). “In light of this holding, there is no occasion to consider the trial court's application of the good faith exception (as codified in Ind. Code § 35-37-4-5 (Burns 1985)). Conclusion Accordingly, this Court now grants transfer, vacates the decision of the Court of Appeals, affirms…”
Membres v. State, 889 N.E.2d 265 (Ind. 2008). “Finally, the State contends that even if Litchfield is retroactive and Wildauer did not have reasonable suspicion, Indiana law provides a good faith exception to the exclusionary rule in this case under Indiana Code section 35-37-4-5(b)(1)(B) because Wildauer obtained the…”
Caudle v. State, 749 N.E.2d 616 (Ind. Ct. App. 2001). “Ind. Code § 35-37-4-5 . Therefore, whether or not Detective Cook acted in good faith in executing the warrant depends upon (1) whether a neutral and detached magistrate made the determination of probable cause and issued the warrant; (2) whether the warrant was free of obvious…”
Newby v. State, 701 N.E.2d 593 (Ind. Ct. App. 1998). “The good faith exception has been codified at Indiana Code § 35-37-4-5(a), which provides that “the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the evidence was obtained by a law…”
Edwards v. State, 832 N.E.2d 1072 (Ind. Ct. App. 2005). “6 That being said, Indiana Code § 35-37-4-5 (Burns Code Ed. Repl.”
— Ind. Code § 35-37-4-5(a) — 7 cases
Newby v. State, 701 N.E.2d 593 (Ind. Ct. App. 1998). “The good faith exception has been codified at Indiana Code § 35-37-4-5(a), which provides that “the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the evidence was obtained by a law…”
Frasier v. State, 794 N.E.2d 449 (Ind. Ct. App. 2003). “1998), which states, "In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the…”
State v. Haines, 774 N.E.2d 984 (Ind. Ct. App. 2002).
Brown v. State, 905 N.E.2d 439 (Ind. Ct. App. 2009).
Brandon McGrath v. State of Indiana, 81 N.E.3d 655 (Ind. Ct. App. 2017).
— Ind. Code § 35-37-4-5(b) — 2 cases
David W. Gerth v. State of Indiana, 51 N.E.3d 368 (Ind. Ct. App. 2016).
Frasier v. State, 794 N.E.2d 449 (Ind. Ct. App. 2003). “1998), which states, "In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the…”
— Ind. Code § 35-37-4-5(b)(1)(A) — 8 cases
Best v. State, 821 N.E.2d 419 (Ind. Ct. App. 2005). “Ind.Code § 35-37-4-5. Evidence is obtained by a police officer in good faith where the evidence was obtained pursuant to a search warrant that was properly issued upon a determination of probable cause by a neutral and detached magistrate, that is free from obvious defects other…”
Creekmore v. State, 800 N.E.2d 230 (Ind. Ct. App. 2003).
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “For the same reason, the evidence from Lloyd's apartment could not have been obtained in good faith by a law enforcement officer as required by Indiana Code § 35-37-4-5. Under the relevant statutory provision, evidence obtained by an unlawful search or seizure may not be…”
Timmons v. State, 734 N.E.2d 1084 (Ind. Ct. App. 2000).
Belvedere v. State, 875 N.E.2d 352 (Ind. Ct. App. 2007). “1991); see also Ind.Code § 35-37-4-5 (2004) ("good faith statute").”
— Ind. Code § 35-37-4-5(b)(1)(B) — 4 cases
Membres v. State, 889 N.E.2d 265 (Ind. 2008). “Finally, the State contends that even if Litchfield is retroactive and Wildauer did not have reasonable suspicion, Indiana law provides a good faith exception to the exclusionary rule in this case under Indiana Code section 35-37-4-5(b)(1)(B) because Wildauer obtained the…”
Frasier v. State, 794 N.E.2d 449 (Ind. Ct. App. 2003). “1998), which states, "In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the…”
Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006). “The good faith exception established in Indiana Code Section 35-37-4-5 is inapplicable to the present action.”
Belvedere v. State, 875 N.E.2d 352 (Ind. Ct. App. 2007). “1991); see also Ind.Code § 35-37-4-5 (2004) ("good faith statute").”
— Ind. Code § 35-37-4-5(b)(2) — 4 cases
State v. Brown, 840 N.E.2d 411 (Ind. Ct. App. 2006). “Ind.Code § 35-37-4-5 {emphasis added). Although the State mentions Indiana Code Section 35-37-4-5, it concentrates its appellate argument on the Leon good faith exception.”
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “For the same reason, the evidence from Lloyd's apartment could not have been obtained in good faith by a law enforcement officer as required by Indiana Code § 35-37-4-5. Under the relevant statutory provision, evidence obtained by an unlawful search or seizure may not be…”
Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006). “The good faith exception established in Indiana Code Section 35-37-4-5 is inapplicable to the present action.”
Membres III v. State, 851 N.E.2d 990 (Ind. Ct. App. 2006).
— Ind. Code § 35-37-4-5(b)(l)(A) — 2 cases
Lloyd v. State, 677 N.E.2d 71 (Ind. Ct. App. 1997). “For the same reason, the evidence from Lloyd's apartment could not have been obtained in good faith by a law enforcement officer as required by Indiana Code § 35-37-4-5. Under the relevant statutory provision, evidence obtained by an unlawful search or seizure may not be…”
Tonya Herron v. State of Indiana, 44 N.E.3d 833 (Ind. Ct. App. 2015).
— Ind. Code § 35-37-4-5(b)(l)(B) — 2 cases
Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006). “The good faith exception established in Indiana Code Section 35-37-4-5 is inapplicable to the present action.”
Belvedere v. State, 875 N.E.2d 352 (Ind. Ct. App. 2007). “1991); see also Ind.Code § 35-37-4-5 (2004) ("good faith statute").”
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