Section 35-33-5-14 - Notice to news media concerning search warrants(a) For purposes of IC 34-46-4 (Journalist's Privilege Against Disclosure of Information Source) and subject to subsection (b), if: (1) a governmental entity requests that a court issue a search warrant to a provider of: (A) electronic communication service; or(B) remote computing service; and(2) the search warrant seeks information or communications concerning a news media entity or a person otherwise described in IC 34-46-4-1; the news media entity or person described in IC 34-46-4-1 shall be given reasonable and timely notice of the search warrant request and shall be given an opportunity to be heard by the court concerning the issuance of the search warrant before the search warrant is issued.
(b) If: (1) the search warrant that would be issued to a provider described in subsection (a)(1) concerns a criminal investigation in which the news media entity or person described in IC 34-46-4-1 is a target of the criminal investigation; and(2) the notice that would be provided to the news media entity or person described in IC 34-46-4-1 under subsection (a) would pose a clear and substantial threat to the integrity of the criminal investigation; the governmental entity shall certify the threat to the court and notice of the search warrant shall be given to the news media entity or person described in IC 34-46-4-1 as soon as the court determines that the notice no longer poses a clear and substantial threat to the integrity of the criminal investigation.
Added by P.L. 170-2014, SEC. 24, eff. 7/1/2014.