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

Indiana Statutes

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

Indiana·Art. 33 PRELIMINARY PROCEEDINGS·Ch. 5 Search and Seizure

(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.

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(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.

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