CHAPTER 1. ARREST
IC 35-33
ARTICLE 33. PRELIMINARY PROCEEDINGS
IC 35-33-1
Chapter 1. Arrest
IC 35-33-1-1
Law enforcement officer; federal enforcement officer
Sec. 1. (a) A law enforcement officer may arrest a person whenthe officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed orattempted to commit, or is committing or attempting to commit,a felony;
(3) probable cause to believe the person has violated theprovisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
(4) probable cause to believe the person is committing orattempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individualalleged to have direct knowledge of the incident alleging theelements of the offense of battery to establish probable cause;
(6) probable cause to believe that the person violatedIC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person violatedIC 35-47-2-1 (carrying a handgun without a license) orIC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or hasviolated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or hasviolated IC 35-47-6-1.1 (undisclosed transport of a dangerousdevice); or
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference withthe reporting of a crime); and
(B) interfering with or preventing the reporting of a crimeinvolving domestic or family violence (as defined inIC 34-6-2-34.5).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant fora violation of the United States Code; and
(3) is authorized to carry firearms in the performance of theperson's duties;
may act as an officer for the arrest of offenders against the laws ofthis state where the person reasonably believes that a felony has been
or is about to be committed or attempted in the person's presence.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,P.L.204, SEC.6; P.L.320-1983, SEC.2; P.L.311-1985, SEC.1;P.L.319-1987, SEC.1; P.L.53-1989, SEC.6; P.L.160-1990, SEC.1;P.L.2-1991, SEC.102; P.L.1-1991, SEC.189; P.L.1-1992, SEC.178;P.L.242-1993, SEC.1; P.L.140-1994, SEC.3; P.L.216-1996, SEC.10;P.L.47-2000, SEC.2; P.L.222-2001, SEC.3; P.L.133-2002, SEC.59;P.L.221-2003, SEC.15; P.L.50-2005, SEC.1.
IC 35-33-1-1.5
Crime involving domestic or family violence; duties of lawenforcement officers; confiscation of firearm, ammunition, ordeadly weapon
Sec. 1.5. (a) A law enforcement officer responding to the scene ofan alleged crime involving domestic or family violence shall use allreasonable means to prevent further violence, including thefollowing:
(1) Transporting or obtaining transportation for the allegedvictim and each child to a designated safe place to meet with adomestic violence counselor, local family member, or friend.
(2) Assisting the alleged victim in removing toiletries,medication, and necessary clothing.
(3) Giving the alleged victim immediate and written notice ofthe rights under IC 35-40.
(b) A law enforcement officer may confiscate and remove afirearm, ammunition, or a deadly weapon from the scene if the lawenforcement officer has:
(1) probable cause to believe that a crime involving domestic orfamily violence has occurred;
(2) a reasonable belief that the firearm, ammunition, or deadlyweapon:
(A) exposes the victim to an immediate risk of serious bodilyinjury; or
(B) was an instrumentality of the crime involving domesticor family violence; and
(3) observed the firearm, ammunition, or deadly weapon at thescene during the response.
(c) If a firearm, ammunition, or a deadly weapon is removed fromthe scene under subsection (b), the law enforcement officer shallprovide for the safe storage of the firearm, ammunition, or deadlyweapon during the pendency of a proceeding related to the allegedact of domestic or family violence.
As added by P.L.133-2002, SEC.60.
IC 35-33-1-1.7
Mandatory hold on person arrested for domestic violence
Sec. 1.7. (a) A facility having custody of a person arrested for acrime of domestic violence (as described in IC 35-41-1-6.3) shallkeep the person in custody for at least eight (8) hours from the timeof the arrest. (b) A person described in subsection (a) may not be released onbail until at least eight (8) hours from the time of the person's arrest.
As added by P.L.44-2008, SEC.1.
IC 35-33-1-2
Judge
Sec. 2. A judge may arrest, or order the arrest of a person in hispresence, when he has probable cause to believe the person hascommitted a crime.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-1-3
Coroner
Sec. 3. A coroner has the authority to arrest any person whenperforming the duties of the sheriff under IC 36-2-14-4 and authorityto arrest the sheriff under IC 36-2-14-5.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-1-4
Any person
Sec. 4. (a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause tobelieve that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is beingcommitted in his presence and the arrest is necessary to preventthe continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon aspractical, notify a law enforcement officer and deliver custody of theperson arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested personas if the officer had arrested him. The officer who receives orprocesses a person arrested by another under this section is not liablefor false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,P.L.204, SEC.7.
IC 35-33-1-5
Definition
Sec. 5. Arrest is the taking of a person into custody, that he maybe held to answer for a crime.
As added by P.L.320-1983, SEC.3.
IC 35-33-1-6
Chart to determine detention time before release pending trial
Sec. 6. A law enforcement agency may use the following chart todetermine the minimum number of hours that a person arrested foran alcohol-related offense should be detained before his releasepending trial:
BLOOD OR
HOURS AFTER INITIAL READING
BREATH
IS TAKEN
ALCOHOL
LEVEL IN
GRAMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14
.09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00 .000 .00 .000 .00
.10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00 .000 .00 .000 .00
.11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00 .000 .00 .000 .00
.12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00 .000 .00
.13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00 .000 .00
.14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00 .000 .00
.15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00
.16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00
.17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00
.18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00
.19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00
.20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00
.21 .195 .18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00
.22 .205 .19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01
.23 .215 .20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02
.24 .225 .21 .195 .18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03
.25 .235 .22 .205 .19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04
.26 .245 .23 .215 .20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05
Note: In order to find when a person will reach the legal blood orbreath alcohol level, find the blood or breath alcohol level reading inthe left hand column, go across and find where the blood or breathalcohol level reading is an alcohol concentration equivalent (asdefined in IC 9-13-2-2.4) to below eight-hundredths (0.08) gram ofalcohol per one hundred (100) milliliters of the person's blood or pertwo hundred ten (210) liters of the person's breath, then read up thatcolumn to find the minimum number of hours before the person canbe released.
As added by P.L.77-1984, SEC.15. Amended by P.L.33-1997,SEC.21; P.L.1-2000, SEC.18; P.L.175-2001, SEC.17.