Section 9-30-2-2 - Uniform and badge; marked police vehicle; exceptions(a) Except as provided in subsection (b), a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on a highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on a highway unless at the time of the arrest the officer is:(1) wearing a distinctive uniform and a badge of authority; or(2) operating a motor vehicle that is clearly marked as a police vehicle; that will clearly show the officer or the officer's vehicle to casual observations to be an officer or a police vehicle.
(b) Subsection (a) does not apply to an officer in an unmarked police vehicle making an arrest or issuing a traffic information and summons: (1) when there is a uniformed officer present at the time of the arrest; or(2) for a violation of one (1) or more of the following: (A) IC 9-21-8-52(a)(1)(A) (reckless driving causing endangerment).(B) IC 9-21-8-52(b) as a Level 6 felony (recklessly passing a stopped school bus resulting in bodily injury).(C) IC 9-21-8-52(b) as a Level 5 felony (recklessly passing a stopped school bus resulting in death).(D) IC 9-30-5-2(b) as a Class A misdemeanor (operating while intoxicated in a manner that endangers a person).Pre-1991 Recodification Citation: 9-4-8-1.
Amended by P.L. 144-2019,SEC. 11, eff. 7/1/2019.Amended by P.L. 164-2018,SEC. 18, eff. 7/1/2018.Amended by P.L. 198-2016, SEC. 592, eff. 7/1/2016.As added by P.L. 2-1991, SEC.18.