Section 35-33-1-1 - Law enforcement officer; federal enforcement officer(a) A law enforcement officer may arrest a person when the officer has:(1) a warrant commanding that the person be arrested;(2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;(3) probable cause to believe the person has violated the provisions of IC 9-26-1-1.1 or IC 9-30-5; (4) probable cause to believe the person is committing or attempting 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 individual alleged to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;(7) probable cause to believe that the person violated IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22 (counterfeit handgun license);(8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;(9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device);(10) probable cause to believe that the person is: (A) violating or has violated IC 35-45-2-5 (interference with the reporting of a crime); and(B) interfering with or preventing the reporting of a crime involving domestic or family violence (as defined in IC 34-6-2-34.5);(11) probable cause to believe that the person has committed theft (IC 35-43-4-2); (12) a removal order issued for the person by an immigration court;(13) a detainer or notice of action for the person issued by the United States Department of Homeland Security; or(14) probable cause to believe that the person has been indicted for or convicted of one (1) or more aggravated felonies (as defined in 8 U.S.C. 1101(a)(43)).(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 for a violation of the United States Code; and(3) is authorized to carry firearms in the performance of the person's duties; may act as an officer for the arrest of offenders against the laws of this state where the person reasonably believes that a felony has been or is about to be committed or attempted in the person's presence.
(c) A law enforcement officer who arrests a child or takes a child into custody as described in IC 31-37-4-3.5 shall make a reasonable attempt to notify: (1) the child's parent, guardian, or custodian; or(2) the emergency contact listed on the child's school record; that the child has been arrested or taken into custody.
Amended by P.L. 112-2023,SEC. 3, eff. 7/1/2023.Amended by P.L. 175-2022,SEC. 6, eff. 7/1/2022.Amended by P.L. 65-2016, SEC. 24, eff. 7/1/2016.Amended by P.L. 226-2014, SEC. 4, eff. 1/1/2015.Amended by P.L. 226-2014, SEC. 3, eff. 7/1/2014.Amended by P.L. 171-2011, SEC. 20, eff. 7/1/2011.As added by Acts1981 , P.L. 298, SEC.2. Amended by Acts1982 , 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.