# Ind. Code § 35-33-5-7: Execution of search warrant; forcible entry; wrongful entry; recovery of damages

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-7

## Section

- **Citation:** Ind. Code § 35-33-5-7
- **Heading:** Execution of search warrant; forcible entry; wrongful entry; recovery of damages
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 35 / Article 33 / Chapter 5 / Section 35-33-5-7

## Text

Sec. 7. (a) A search warrant issued by a court of record may be executed according to its terms anywhere in the state. A search warrant issued by a court that is not a court of record may be executed according to its terms anywhere in the county of the issuing court.

(b) Except as provided in subsection (f), a search warrant must be:

(1) executed not more than ten (10) days after the date of issuance; and

(2) returned to the court without unnecessary delay after the execution.

(c) A search warrant may be executed:

(1) on any day of the week; and

(2) at any time of the day or night.

(d) A law enforcement officer may break open any outer or inner door or window in order to execute a search warrant, if the officer is not admitted following an announcement of the officer's authority and purpose.

(e) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court in the county where the wrongful entry took place.

(f) Notwithstanding section 4 of this chapter, a warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer. A return of a warrant authorizing a search, testing, or other analysis of an item is sufficient if the return contains a statement indicating that the item was seized by a law enforcement officer.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.320-1983, SEC.7; P.L.201-2011, SEC.111; P.L.63-2020, SEC.1.

## Nearby sections

- [Ind. Code § 35-33-5-0.1 Application of certain amendments to chapter](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-0.1.md)
- [Ind. Code § 35-33-5-0.5 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-0.5.md)
- [Ind. Code § 35-33-5-1 Issuance by court; probable cause; oath and affirmation; "place" defined; objects of search](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-1.md)
- [Ind. Code § 35-33-5-2 Affidavit; descriptions; information to establish credibility of hearsay; form](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-2.md)
- [Ind. Code § 35-33-5-3 Form](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-3.md)
- [Ind. Code § 35-33-5-4 Return; initial disposition of property seized](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-4.md)
- [Ind. Code § 35-33-5-5 Disposition of property held as evidence; preservation of evidence of a violent offense that could be subjected to DNA testing; records](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-5.md)
- [Ind. Code § 35-33-5-5.1 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-5.1.md)
- [Ind. Code § 35-33-5-6 Dead body; search of building or place; affidavit](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-6.md)
- [Ind. Code § 35-33-5-7 Execution of search warrant; forcible entry; wrongful entry; recovery of damages](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-7.md)
- [Ind. Code § 35-33-5-8 Issue of warrant without affidavit; types of sworn testimony; procedures; perjury](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-8.md)
- [Ind. Code § 35-33-5-9 Unmanned aerial vehicles; search warrant; exceptions](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-9.md)
- [Ind. Code § 35-33-5-10 Admissibility of evidence; unmanned aerial vehicles](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-10.md)
- [Ind. Code § 35-33-5-11 Electronic user data held in electronic storage](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-11.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A33_C5_S35-33-5-7. Check the current official text before relying on it. Not legal advice.
