Indiana statute
Ind. Code § 35-33-1-1 — Law enforcement officer; federal enforcement officer
Current through 2026 Regular Session
Part of Chapter 1: Arrest, Indiana Code.
Full text of Ind. Code § 35-33-1-1
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 1. (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 34-6-2.1-50 ); (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.
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