Indiana § 35-33-5-16 Questioning by law enforcement; admissibility

Indiana Statutes

§ 35-33-5-16 — Questioning by law enforcement; admissibility

Indiana § 35-33-5-16

Art. 33PRELIMINARY PROCEEDINGS

Ch. 5Search and Seizure

This text of Indiana § 35-33-5-16 (Questioning by law enforcement; admissibility) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-33-5-16 (2026).

Text

(a)A law enforcement officer may not:

(1)direct;

(2)encourage; or

(3)knowingly permit; a person who is not a law enforcement officer to question an individual whom a reasonable officer would believe is in custody if the questioning is reasonably likely to elicit an incriminating response.

(b)A statement obtained in violation of subsection (a) is not admissible in a criminal, child welfare, or juvenile proceeding. However, this subsection does not apply to evidence discovered as a result of the statement.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A law enforcement officer may not:
(1) direct;
(2) encourage; or
(3) knowingly permit;
a person who is not a law enforcement officer to question an individual
whom a reasonable officer would believe is in custody if the
questioning is reasonably likely to elicit an incriminating response.
(b) A statement obtained in violation of subsection (a) is not
admissible in a criminal, child welfare, or juvenile proceeding.
However, this subsection does not apply to evidence discovered as a
result of the statement.