Sec. 2. (a) At or before the initial hearing of a person arrested without a warrant for a crime, the facts upon which the
arrest was made shall be submitted to the judicial officer, ex parte, in a
probable cause affidavit. In lieu of the affidavit or in addition to it, the facts may be submitted orally under
oath to the judicial officer. If facts upon which the arrest was made are submitted orally, the proceeding shall be recorded by a court
reporter, and, upon request of any party in the case or upon order of the court, the record of the proceeding shall be transcribed.
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Terms Used In Indiana Code 35-33-7-2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.12.
