2006 Indiana Code - CHAPTER 3. UNIFORM ACT ON FRESH PURSUIT
IC 35-33-3Chapter 3. Uniform Act on Fresh Pursuit
IC 35-33-3-1
Officer of another state in fresh pursuit; authority to arrest in
this state
35-33-3-1 Sec. 1. Any member of a duly organized state, county
or municipal peace unit of another state who enters this state in fresh
pursuit, and continues within this state in such fresh pursuit of a
person in order to arrest him on ground that he is believed to have
committed a felony in the other state, shall have the same authority
to arrest and hold such person in custody as has any law enforcement
officer of this state to arrest and hold in custody a person on the
ground that he is believed to have committed a felony in this state.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-2
Hearing before judge; commitment for extradition or discharge
35-33-3-2 Sec. 2. If an arrest is made in this state by an officer of
another state in accordance with the provisions of section 1 of this
chapter, he shall, without unnecessary delay, take the person arrested
before a judge of the county in which the arrest was made. The judge
shall conduct a hearing for the purpose of determining the lawfulness
of the arrest. If the judge determines that the arrest was lawful, he
shall commit the person arrested to await for a reasonable time the
issuance of an extradition warrant by the governor of this state. If the
judge determines that the arrest was unlawful, he shall discharge the
person arrested.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-3
Lawfulness of arrest
35-33-3-3 Sec. 3. Section 1 of this chapter shall not be construed
so as to make unlawful any arrest in this state which otherwise would
be lawful.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-4
"State" defined
35-33-3-4 Sec. 4. For the purpose of this chapter, the word "state"
shall include the District of Columbia.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-5
"Fresh pursuit" defined
35-33-3-5 Sec. 5. The term "fresh pursuit" as used in this chapter
shall include fresh pursuit as defined by the common law, and also
the pursuit of a person who has committed a felony or who
reasonably is suspected of having committed a felony. It shall also
include the pursuit of a person suspected of having committed a
supposed felony, though no felony actually has been committed, if
there is reasonable ground for believing that a felony has been
committed. Fresh pursuit shall not necessarily imply instant pursuit,
but pursuit without unreasonable delay.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-6
Certified copies of chapter to other states
35-33-3-6 Sec. 6. It shall be the duty of the secretary of state to
certify a copy of this chapter to the executive department of each of
the states of the United States.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-7
Short title
35-33-3-7 Sec. 7. This chapter may be cited as the uniform act on
fresh pursuit.
As added by Acts 1981, P.L.298, SEC.2.
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