§ 35-33-1-1 — Law enforcement officer; federal enforcement officer

Indiana § 35-33-1-1

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 1: Arrest

Text

(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) or IC 35-46-1-15.3;
(7) probable cause to believe that the person violated IC 35-47-2-1.5 (unlawful carrying of a handgun) 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 34-6-2.1-50);
(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.
(c) A law enforcement officer who arrests a child or takes a child
into custody as described in IC 31-37-4-3.5 shall make a reasonable
attempt to notify:
(1) the child's parent, guardian, or custodian; or
(2) the emergency contact listed on the child's school record;
that the child has been arrested or taken into custody.
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; P.L.65-2016,
SEC.24; P.L.175-2022, SEC.6; P.L.112-2023, SEC.3; P.L.186-2025,
SEC.228.