2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 33. PRELIMINARY PROCEEDINGS CHAPTER 1. ARREST
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IC 35-33
ARTICLE 33. PRELIMINARY PROCEEDINGS
IC 35-33-1
Chapter 1. Arrest
IC 35-33-1-0.1
Repealed
(Repealed by P.L.63-2012, SEC.41.)
IC 35-33-1-1 Version a
Law enforcement officer; federal enforcement officer
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 1. (a) A law enforcement officer may arrest a person when
the officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or
attempted to commit, or is committing or attempting to commit,
a felony;
(3) probable cause to believe the person has violated the
provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),
IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual
alleged to have direct knowledge of the incident alleging the
elements of the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person violated
IC 35-47-2-1 (carrying a handgun without a license) or
IC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has
violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with
the reporting of a crime); and
(B) interfering with or preventing the reporting of a crime
involving domestic or family violence (as defined in
IC 34-6-2-34.5);
(11) probable cause to believe that the person has committed
theft (IC 35-43-4-2);
(12) a removal order issued for the person by an immigration
court;
(13) a detainer or notice of action for the person issued by the
United States Department of Homeland Security; or
(14) probable cause to believe that the person has been indicted
for or convicted of one (1) or more aggravated felonies (as
defined in 8 U.S.C. 1101(a)(43)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for
a violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of
this state where the person reasonably believes that a felony has been
or is about to be committed or attempted in the person's presence.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,
P.L.204, SEC.6; P.L.320-1983, SEC.2; P.L.311-1985, SEC.1;
P.L.319-1987, SEC.1; P.L.53-1989, SEC.6; P.L.160-1990, SEC.1;
P.L.2-1991, SEC.102; P.L.1-1991, SEC.189; P.L.1-1992, SEC.178;
P.L.242-1993, SEC.1; P.L.140-1994, SEC.3; P.L.216-1996, SEC.10;
P.L.47-2000, SEC.2; P.L.222-2001, SEC.3; P.L.133-2002, SEC.59;
P.L.221-2003, SEC.15; P.L.50-2005, SEC.1; P.L.171-2011, SEC.20;
P.L.226-2014(ts), SEC.3.
IC 35-33-1-1 Version b
Law enforcement officer; federal enforcement officer
Note: This version of section effective 1-1-2015. See also preceding
version of this section, effective until 1-1-2015.
Sec. 1. (a) A law enforcement officer may arrest a person when
the officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or
attempted to commit, or is committing or attempting to commit,
a felony;
(3) probable cause to believe the person has violated the
provisions of IC 9-26-1-1.1 or IC 9-30-5;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual
alleged to have direct knowledge of the incident alleging the
elements of the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person violated
IC 35-47-2-1 (carrying a handgun without a license) or
IC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has
violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with
the reporting of a crime); and
(B) interfering with or preventing the reporting of a crime
involving domestic or family violence (as defined in
IC 34-6-2-34.5);
(11) probable cause to believe that the person has committed
theft (IC 35-43-4-2);
(12) a removal order issued for the person by an immigration
court;
(13) a detainer or notice of action for the person issued by the
United States Department of Homeland Security; or
(14) probable cause to believe that the person has been indicted
for or convicted of one (1) or more aggravated felonies (as
defined in 8 U.S.C. 1101(a)(43)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for
a violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of
this state where the person reasonably believes that a felony has been
or is about to be committed or attempted in the person's presence.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,
P.L.204, SEC.6; P.L.320-1983, SEC.2; P.L.311-1985, SEC.1;
P.L.319-1987, SEC.1; P.L.53-1989, SEC.6; P.L.160-1990, SEC.1;
P.L.2-1991, SEC.102; P.L.1-1991, SEC.189; P.L.1-1992, SEC.178;
P.L.242-1993, SEC.1; P.L.140-1994, SEC.3; P.L.216-1996, SEC.10;
P.L.47-2000, SEC.2; P.L.222-2001, SEC.3; P.L.133-2002, SEC.59;
P.L.221-2003, SEC.15; P.L.50-2005, SEC.1; P.L.171-2011, SEC.20;
P.L.226-2014(ts), SEC.3; P.L.226-2014(ts), SEC.4.
IC 35-33-1-1.5
Crime involving domestic or family violence; duties of law
enforcement officers; confiscation of firearm, ammunition, or
deadly weapon
Sec. 1.5. (a) A law enforcement officer responding to the scene of
an alleged crime involving domestic or family violence shall use all
reasonable means to prevent further violence, including the
following:
(1) Transporting or obtaining transportation for the alleged
victim and each child to a designated safe place to meet with a
domestic violence counselor, local family member, or friend.
(2) Assisting the alleged victim in removing toiletries,
medication, and necessary clothing.
(3) Giving the alleged victim immediate and written notice of
the rights under IC 35-40.
(b) A law enforcement officer may confiscate and remove a
firearm, ammunition, or a deadly weapon from the scene if the law
enforcement officer has:
(1) probable cause to believe that a crime involving domestic or
family violence has occurred;
(2) a reasonable belief that the firearm, ammunition, or deadly
weapon:
(A) exposes the victim to an immediate risk of serious bodily
injury; or
(B) was an instrumentality of the crime involving domestic
or family violence; and
(3) observed the firearm, ammunition, or deadly weapon at the
scene during the response.
(c) If a firearm, ammunition, or a deadly weapon is removed from
the scene under subsection (b), the law enforcement officer shall
provide for the safe storage of the firearm, ammunition, or deadly
weapon during the pendency of a proceeding related to the alleged
act of domestic or family violence.
As added by P.L.133-2002, SEC.60.
IC 35-33-1-1.7
Mandatory hold on person arrested for domestic violence
Sec. 1.7. (a) A facility having custody of a person arrested for a
crime of domestic violence (as described in IC 35-31.5-2-78) shall
keep the person in custody for at least eight (8) hours from the time
of the arrest.
(b) A person described in subsection (a) may not be released on
bail until at least eight (8) hours from the time of the person's arrest.
As added by P.L.44-2008, SEC.1. Amended by P.L.114-2012,
SEC.68.
IC 35-33-1-2
Judge
Sec. 2. A judge may arrest, or order the arrest of a person in his
presence, when he has probable cause to believe the person has
committed a crime.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-1-3
Coroner
Sec. 3. A coroner has the authority to arrest any person when
performing the duties of the sheriff under IC 36-2-14-4 and authority
to arrest the sheriff under IC 36-2-14-5.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-1-4
Any person
Sec. 4. (a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to
believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being
committed in his presence and the arrest is necessary to prevent
the continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon as
practical, notify a law enforcement officer and deliver custody of the
person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person
as if the officer had arrested him. The officer who receives or
processes a person arrested by another under this section is not liable
for false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,
P.L.204, SEC.7.
IC 35-33-1-5
Definition
Sec. 5. Arrest is the taking of a person into custody, that he may
be held to answer for a crime.
As added by P.L.320-1983, SEC.3.
IC 35-33-1-6
Chart to determine detention time before release pending trial
Sec. 6. A law enforcement agency may use the following chart to
determine the minimum number of hours that a person arrested for
an alcohol-related offense should be detained before his release
pending trial:
BLOOD OR HOURS AFTER INITIAL READING
BREATH
IS TAKEN
ALCOHOL
LEVEL IN
GRAMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14
.09
.075 .06 .045 .03 .015 .00 .000 .00 .000 .00 .000 .00 .000 .00
.10
.085 .07 .055 .04 .025 .01 .000 .00 .000 .00 .000 .00 .000 .00
.11
.095 .08 .065 .05 .035 .02 .005 .00 .000 .00 .000 .00 .000 .00
.12
.105 .09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00 .000 .00
.13
.115 .10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00 .000 .00
.14
.125 .11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00 .000 .00
.15
.135 .12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00
.16
.145 .13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00
.17
.155 .14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00
.18
.165 .15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00
.19
.175 .16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00
.20
.185 .17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00
.21
.195 .18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00
.22
.205 .19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01
.23
.215 .20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02
.24
.225 .21 .195 .18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03
.25
.235 .22 .205 .19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04
.26
.245 .23 .215 .20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05
Note: In order to find when a person will reach the legal blood or
breath alcohol level, find the blood or breath alcohol level reading in
the left hand column, go across and find where the blood or breath
alcohol level reading is an alcohol concentration equivalent (as
defined in IC 9-13-2-2.4) to below eight-hundredths (0.08) gram of
alcohol per one hundred (100) milliliters of the person's blood or per
two hundred ten (210) liters of the person's breath, then read up that
column to find the minimum number of hours before the person can
be released.
As added by P.L.77-1984, SEC.15. Amended by P.L.33-1997,
SEC.21; P.L.1-2000, SEC.18; P.L.175-2001, SEC.17.
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