Ind. Code § 35-49-2-3

Arrest; search; seizure of matter; motion pictures

As added by P.L.311-1983, SEC.33.
  1. (a) Whenever a person:

    1. (1) offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or
    2. (2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;

      the person may be arrested under this article only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained.

  2. (b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.
  3. (c) If:

    1. (1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and
    2. (2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition;

      the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.

As added by P.L.311-1983, SEC.33.

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