§ 35-33-6-2 — Probable cause; detention; procedure; statements by juveniles

Indiana § 35-33-6-2

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 6: Detention of Shoplifters by Owner or Agent

Text

(a) An owner or agent of a store who has
probable cause to believe that a theft has occurred or is occurring on or
about the store and who has probable cause to believe that a specific
person has committed or is committing the theft:
(1) may:
(A) detain the person and request the person to identify himself
or herself;
(B) verify the identification;
(C) determine whether the person has in the person's possession
unpurchased merchandise taken from the store;
(D) inform the appropriate law enforcement officers; and
(E) inform the person's parents or others interested in the
person's welfare that the person has been detained; but
(2) shall not ask the person to make a statement that
acknowledges that the person committed the theft or conversion
or waives any of the person's legal rights if:
(A) the person is less than eighteen (18) years of age; and
(B) the person has not been afforded an opportunity to have a
meaningful consultation with his or her parent, guardian,
custodian, or guardian ad litem.
(b) A statement acknowledging that a child committed theft or
conversion in violation of subdivision (a)(2) cannot be admitted as
evidence against the child on the issue of whether the child committed
a delinquent act or a crime.
(c) The detention must:
(1) be reasonable and last only for a reasonable time; and
(2) not extend beyond the arrival of a law enforcement officer or
two (2) hours, whichever first occurs.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts
1982, P.L.204, SEC.11; P.L.77-2009, SEC.6.