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IC 35-33.5-4-1
Limitations; mandatory assistance to accomplish interception;
compensation
Sec. 1. (a) A court may not authorize interception under a warrant
or an extension for a period longer than is necessary to achieve the
objective of the warrant or extension. Except as provided in
subsection (d), a warrant and each extension may authorize
interception for not more than thirty (30) days. A court that issues a
warrant or an extension shall order that the authorized interception
must:
(1) occur within ten (10) days after the court issues the warrant
or extension;
(2) be conducted in a manner that minimizes the interception of
a communication that is clearly irrelevant to the investigation of
a designated offense; and
(3) terminate upon completion of the authorized objective or
within thirty (30) days after the interception begins, whichever
occurs first.
(b) A court may grant not more than three (3) extensions.
(c) A warrant or an extension may direct that a person
immediately furnish an applicant all information, facilities, and
technical assistance within that person's control necessary to
accomplish the interception with a minimum of interference with the
services that the person is furnishing to the person whose
communication is to be intercepted. The applicant shall compensate
a person furnishing facilities or technical assistance to the applicant
at the prevailing rates.
(d) A warrant issued under IC 35-33.5-2-3.5 expires after
twenty-four (24) hours, unless:
(1) the court that issued the warrant established a shorter period
of expiration; or
(2) the warrant is extended in accordance with section 2 of this
chapter.
A warrant extended in accordance with section 2 of this chapter
expires as described in subsection (a).
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.12; P.L.3-2008, SEC.248.
IC 35-33.5-4-2
Progress reports to court
Sec. 2. Whenever a warrant or an extension is issued under this
article, the court shall order that reports be submitted to the court
indicating the progress that has been made toward the authorized
objective and whether continued interception is necessary. The court
may establish the times when a report is required.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-4-4
Suppression of evidence; basis
Sec. 4. (a) Upon a motion to suppress evidence arising from a
warrant, a court may suppress the contents of or evidence derived
from an interception based on:
(1) the grounds that the communication was intercepted in
violation of this article;
(2) the grounds that the warrant or extension under which the
communication was intercepted is insufficient on the face the
warrant or extension;
(3) the grounds that the interception was not made in
conformity with the warrant or extension;
(4) the grounds that a material defect, such as the failure to
comply with the requirements that limit the use of authorized
interceptions, exists in the application, the warrant, or the
process of executing the warrant; or
(5) any other grounds that are a basis for suppressing the
evidence.
IC 35-33.5-4-5
Motion to suppress; information or evidence available to aggrieved
person; appeal of granted motion
Sec. 5. (a) If a court grants a motion to suppress under this article,
the contents of the interception or evidence derived from the
interception are considered to have been obtained in violation of this
article. The court, upon the filing of the motion by an aggrieved
person, may make available for inspection to the aggrieved person,
or the person's attorney, any part of the interception or evidence
derived from the interception that the court determines to be in the
interest of justice.
(b) In addition to any other right to appeal, the state may appeal
from an order granting a motion to suppress made under this section
if the prosecuting attorney certifies to the court granting the motion
that the appeal is not taken for purpose of delay. The state must file
the appeal in accordance with the rules adopted by the Indiana
supreme court.
As added by P.L.161-1990, SEC.3.