§ 35-33-2-3 — Issuance; service or arrests; forcible entry; wrongful entry, recovery of damages

Indiana § 35-33-2-3

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 2: Arrest Warrants

Text

(a) The warrant is issued to the sheriff of the
county where the indictment or information is filed. This warrant may
be served or arrests on it made:
(1) by any law enforcement officer;
(2) on any day of the week; and
(3) at any time of the day or night.
(b) A law enforcement officer may break open any outer or inner
door or window in order to execute an arrest warrant, if the officer is
not admitted following an announcement of the officer's authority and
purpose.
(c) The accused person shall be delivered to the sheriff of the county
in which the indictment or information was filed, and the sheriff shall
commit the accused person to jail or hold the accused person to bail as
provided in this article.
(d) A person or persons whose property is wrongfully damaged or
whose person is wrongfully injured by any law enforcement officer or
officers who wrongfully enter may recover such damage from the
responsible authority and the law enforcement officer or officers as the
court may determine. The action may be filed in the circuit court or
superior court in the county where the wrongful entry took place.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts
1982, P.L.204, SEC.8; P.L.320-1983, SEC.4; P.L.201-2011,
SEC.110.