§ 34-28-5-3 — Detention; communications device information

Indiana § 34-28-5-3

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 28: SPECIAL PROCEEDINGS: MISCELLANEOUS
• Ch. 5: Infraction and Ordinance Violation Enforcement

Text

(a) Whenever a law enforcement officer
believes in good faith that a person has committed an infraction or
ordinance violation, the law enforcement officer may detain that person
for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
(b) If a law enforcement officer detains a person because the law
enforcement officer believes the person has committed an infraction or
ordinance violation, the law enforcement officer may not, without the
consent of the person, extract or otherwise download information from
a cellular telephone or another wireless or cellular communications
device possessed by the person at the time the person is detained
unless:
(1) the law enforcement officer has probable cause to believe that
the:
(A) cellular telephone; or
(B) other wireless or cellular communications device;
has been used in the commission of a crime;
(2) the information is extracted or otherwise downloaded under a
valid search warrant; or
(3) otherwise authorized by law.
[Pre-1998 Recodification Citation: 34-4-32-2.]

Legislative History

As added by P.L.1-1998, SEC.24. Amended by P.L.191-2014, SEC.2.