Indiana § 35-33-6-4 Civil or criminal actions; exclusion of lawful detention; burden of proof

Indiana Statutes

§ 35-33-6-4 — Civil or criminal actions; exclusion of lawful detention; burden of proof

Indiana § 35-33-6-4

Art. 33PRELIMINARY PROCEEDINGS

Ch. 6Detention of Shoplifters by Owner or Agent

This text of Indiana § 35-33-6-4 (Civil or criminal actions; exclusion of lawful detention; burden of proof) 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 § 35-33-6-4 (2026).

Text

A civil or criminal action against:

(1)an owner or agent of a store or motion picture exhibition facility; or

(2)a law enforcement officer; may not be based on a detention that was lawful under section 2 or 2.5 of this chapter. However, the defendant has the burden of proof that the defendant acted with probable cause under section 2 or 2.5 of this chapter. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.4.

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A civil or criminal action against:
(1) an owner or agent of a store or motion picture exhibition
facility; or
(2) a law enforcement officer;
may not be based on a detention that was lawful under section 2 or 2.5
of this chapter. However, the defendant has the burden of proof that the
defendant acted with probable cause under section 2 or 2.5 of this
chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.94-2005, SEC.4.