Indiana Statutes

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

Indiana·Art. 33 PRELIMINARY PROCEEDINGS·Ch. 6 Detention of Shoplifters by Owner or Agent

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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Related

Dietz v. Finlay Fine Jewelry Corp.
754 N.E.2d 958 (Indiana Court of Appeals, 2001)
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Tikidanke Bah v. Mac's Convenience Stores, LLC d/b/a Circle K and David Ruffin
37 N.E.3d 539 (Indiana Court of Appeals, 2015)
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Denny Alan Neff v. Wal-Mart Stores East, LP
113 N.E.3d 666 (Indiana Court of Appeals, 2018)
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Jeff Lane v. Menard, Inc.
(Indiana Court of Appeals, 2024)

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