Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-1-1 - Indiana Attorney Resources

Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-1-1

Law enforcement officer; federal enforcement officer

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); or
(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).
(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.

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Last modified: May 24, 2006