35-33.5-4-4. Suppression of evidence; basis

IN Code § 35-33.5-4-4 (2019) (N/A)

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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.

(b) A court may not suppress the contents of or evidence derived from an interception if the motion to suppress is based on an immaterial defect in the application, the warrant, or the process of executing the warrant.

As added by P.L.161-1990, SEC.3.

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35-33.5-4-3. Inventory to party of terminated warrant or extension; information available to person whose communications have been intercepted; postponement of inventory services

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35-33.5-4-5. Motion to suppress; information or evidence available to aggrieved person; appeal of granted motion