§ 10-11-2-21 — Enforcement powers; transfer of control or direction of department members prohibited

Indiana § 10-11-2-21

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 11: STATE POLICE
• Ch. 2: State Police Department

Text

(a) The officers and police employees of the
department have all necessary police powers:
(1) to enforce the laws of the state for the regulation and use of
vehicles;
(2) for the protection of the surface or other physical part of the
highways in Indiana; and
(3) without writ or warrant, to make an arrest for violation of the
laws of the state for the regulation and use of vehicles when the
violation is committed in their presence.
(b) The police employees of the department shall:
(1) prevent and detect offenses;
(2) apprehend offenders;
(3) enforce the laws; and
(4) perform other duties imposed upon them by law.
(c) Police employees of the department have:
(1) in any part of Indiana, the same powers concerning criminal
matters and the enforcement of related laws as sheriffs,
constables, and police officers have in their respective
jurisdictions; and
(2) power to act as agents for the state on return of parolees,
fugitives from justice, and persons extradited to Indiana for
offenses.
(d) A warrant of arrest or search warrant may be executed by any
police employee of the department in any part of the state, according
to the terms of the warrant without endorsement.
(e) Police employees are subject to the call of the governor. The
governor may assign to the department other police duties that the
executive department considers advisable, including the duties
performed by deputy fire marshals.
(f) Police employees have power to arrest, without warrant, a person
who is committing or attempting to commit in their presence or view
a violation of the laws of the state.
(g) Under order of the superintendent, police employees may
cooperate with any other department of the state or with local
authorities.
(h) Police employees may not:
(1) exercise their powers within the limits of a city in labor
disputes; or
(2) suppress rioting and disorder;
except by direction of the governor or upon the request of the mayor of
the city with the approval of the governor or, if the governor is not
available, with the approval of the lieutenant governor. Outside the
limits of a city, police employees may not exercise their power in labor
disputes except by direction of the governor or upon the request of the
judge of the circuit court of the county, with the approval of the
governor or, if the governor is not available, with the approval of the
lieutenant governor.
(i) The control or direction of the officers or members of the
department may not be transferred or delegated to any other agency or
officer of the state or any subdivision of the state.
[Pre-2003 Recodification Citation: 10-1-1-10.]

Legislative History

As added by P.L.2-2003, SEC.2.