IC 35-33-6
Chapter 6. Detention of Shoplifters by Owner or Agent
IC 35-33-6-1 Definitions
Sec. 1. As used in this chapter:
"Adult employee" means an employee who is eighteen (18) years
old or older.
"Agent" means an operator, a manager, an adult employee, or a
security agent employed by a store.
"Motion picture exhibition facility" has the meaning set forth in
IC 35-46-8-3.
"Security agent" means a person who has been employed by a
store to prevent the loss of property due to theft.
"Store" means a place of business where property or service with
respect to property is displayed, rented, sold, or offered for sale. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.1.
IC 35-33-6-2 Probable cause; detention; procedure; statements by juveniles
Sec. 2. (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.
IC 35-33-6-2.5 Detention of person making unlawful recording
Sec. 2.5. (a) An owner or agent of a motion picture exhibition
facility who has probable cause to believe that an unlawful recording
under IC 35-46-8 has occurred or is occurring in the motion picture
exhibition facility and who has probable cause to believe that a
specific person has committed or is committing the unlawful
recording may:
(1) detain the person and request the person to provide
identification;
(2) verify the identification;
(3) determine whether the person possesses at the time of
detention an audiovisual recording device (as defined in
IC 35-46-8-2);
(4) confiscate any unauthorized copies of a motion picture or
another audiovisual work; and
(5) inform the appropriate law enforcement officer or agency
that the person is being detained.
(b) Detention under subsection (a):
(1) must:
(A) be reasonable; and
(B) last only for a reasonable time; and
(2) may not extend beyond the arrival of a law enforcement
officer or two (2) hours, whichever occurs first. As added by P.L.94-2005, SEC.2.
IC 35-33-6-3 Placement of information before law enforcement officer;
presumption
Sec. 3. An owner or agent of a store or motion picture exhibition
facility who informs a law enforcement officer of the circumstantial
basis for detention and any additional relevant facts shall be
presumed to be placing information before the law enforcement
officer. The placing of this information does not constitute a charge
of crime. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.3.
IC 35-33-6-4 Civil or criminal actions; exclusion of lawful detention; burden of
proof
Sec. 4. 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.
IC 35-33-6-5 Reliance on information from employee; probable cause
Sec. 5. An owner or agent of a store may act in the manner
permitted by section 2 of this chapter on information received from
any employee of the store, if that employee has probable cause to
believe that a:
(1) theft has occurred or is occurring in or about the store; and
(2) specific person has committed or is committing the theft. As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-6-6 Reliance on information from employee of motion picture
exhibition facility
Sec. 6. An owner or agent of a motion picture exhibition facility
may act in the manner allowed by section 2.5 of this chapter on
information received from an employee of the motion picture
exhibition facility if the employee has probable cause to believe that:
(1) an unlawful recording under IC 35-46-8 has occurred or is
occurring in the motion picture exhibition facility; and
(2) a specific person has committed or is committing the
unlawful recording. As added by P.L.94-2005, SEC.5.
IC 35-33-6
Chapter 6. Detention of Shoplifters by Owner or Agent
IC 35-33-6-1 Definitions
Sec. 1. As used in this chapter:
"Adult employee" means an employee who is eighteen (18) years
old or older.
"Agent" means an operator, a manager, an adult employee, or a
security agent employed by a store.
"Motion picture exhibition facility" has the meaning set forth in
IC 35-46-8-3.
"Security agent" means a person who has been employed by a
store to prevent the loss of property due to theft.
"Store" means a place of business where property or service with
respect to property is displayed, rented, sold, or offered for sale. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.1.
IC 35-33-6-2 Probable cause; detention; procedure; statements by juveniles
Sec. 2. (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.
IC 35-33-6-2.5 Detention of person making unlawful recording
Sec. 2.5. (a) An owner or agent of a motion picture exhibition
facility who has probable cause to believe that an unlawful recording
under IC 35-46-8 has occurred or is occurring in the motion picture
exhibition facility and who has probable cause to believe that a
specific person has committed or is committing the unlawful
recording may:
(1) detain the person and request the person to provide
identification;
(2) verify the identification;
(3) determine whether the person possesses at the time of
detention an audiovisual recording device (as defined in
IC 35-46-8-2);
(4) confiscate any unauthorized copies of a motion picture or
another audiovisual work; and
(5) inform the appropriate law enforcement officer or agency
that the person is being detained.
(b) Detention under subsection (a):
(1) must:
(A) be reasonable; and
(B) last only for a reasonable time; and
(2) may not extend beyond the arrival of a law enforcement
officer or two (2) hours, whichever occurs first. As added by P.L.94-2005, SEC.2.
IC 35-33-6-3 Placement of information before law enforcement officer;
presumption
Sec. 3. An owner or agent of a store or motion picture exhibition
facility who informs a law enforcement officer of the circumstantial
basis for detention and any additional relevant facts shall be
presumed to be placing information before the law enforcement
officer. The placing of this information does not constitute a charge
of crime. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.3.
IC 35-33-6-4 Civil or criminal actions; exclusion of lawful detention; burden of
proof
Sec. 4. 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.
IC 35-33-6-5 Reliance on information from employee; probable cause
Sec. 5. An owner or agent of a store may act in the manner
permitted by section 2 of this chapter on information received from
any employee of the store, if that employee has probable cause to
believe that a:
(1) theft has occurred or is occurring in or about the store; and
(2) specific person has committed or is committing the theft. As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-6-6 Reliance on information from employee of motion picture
exhibition facility
Sec. 6. An owner or agent of a motion picture exhibition facility
may act in the manner allowed by section 2.5 of this chapter on
information received from an employee of the motion picture
exhibition facility if the employee has probable cause to believe that:
(1) an unlawful recording under IC 35-46-8 has occurred or is
occurring in the motion picture exhibition facility; and
(2) a specific person has committed or is committing the
unlawful recording. As added by P.L.94-2005, SEC.5.
IC 35-33-6
Chapter 6. Detention of Shoplifters by Owner or Agent
IC 35-33-6-1 Definitions
Sec. 1. As used in this chapter:
"Adult employee" means an employee who is eighteen (18) years
old or older.
"Agent" means an operator, a manager, an adult employee, or a
security agent employed by a store.
"Motion picture exhibition facility" has the meaning set forth in
IC 35-46-8-3.
"Security agent" means a person who has been employed by a
store to prevent the loss of property due to theft.
"Store" means a place of business where property or service with
respect to property is displayed, rented, sold, or offered for sale. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.1.
IC 35-33-6-2 Probable cause; detention; procedure; statements by juveniles
Sec. 2. (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.
IC 35-33-6-2.5 Detention of person making unlawful recording
Sec. 2.5. (a) An owner or agent of a motion picture exhibition
facility who has probable cause to believe that an unlawful recording
under IC 35-46-8 has occurred or is occurring in the motion picture
exhibition facility and who has probable cause to believe that a
specific person has committed or is committing the unlawful
recording may:
(1) detain the person and request the person to provide
identification;
(2) verify the identification;
(3) determine whether the person possesses at the time of
detention an audiovisual recording device (as defined in
IC 35-46-8-2);
(4) confiscate any unauthorized copies of a motion picture or
another audiovisual work; and
(5) inform the appropriate law enforcement officer or agency
that the person is being detained.
(b) Detention under subsection (a):
(1) must:
(A) be reasonable; and
(B) last only for a reasonable time; and
(2) may not extend beyond the arrival of a law enforcement
officer or two (2) hours, whichever occurs first. As added by P.L.94-2005, SEC.2.
IC 35-33-6-3 Placement of information before law enforcement officer;
presumption
Sec. 3. An owner or agent of a store or motion picture exhibition
facility who informs a law enforcement officer of the circumstantial
basis for detention and any additional relevant facts shall be
presumed to be placing information before the law enforcement
officer. The placing of this information does not constitute a charge
of crime. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.3.
IC 35-33-6-4 Civil or criminal actions; exclusion of lawful detention; burden of
proof
Sec. 4. 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.
IC 35-33-6-5 Reliance on information from employee; probable cause
Sec. 5. An owner or agent of a store may act in the manner
permitted by section 2 of this chapter on information received from
any employee of the store, if that employee has probable cause to
believe that a:
(1) theft has occurred or is occurring in or about the store; and
(2) specific person has committed or is committing the theft. As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-6-6 Reliance on information from employee of motion picture
exhibition facility
Sec. 6. An owner or agent of a motion picture exhibition facility
may act in the manner allowed by section 2.5 of this chapter on
information received from an employee of the motion picture
exhibition facility if the employee has probable cause to believe that:
(1) an unlawful recording under IC 35-46-8 has occurred or is
occurring in the motion picture exhibition facility; and
(2) a specific person has committed or is committing the
unlawful recording. As added by P.L.94-2005, SEC.5.
