Indiana statute
Ind. Code § 35-33-6-2 — Probable cause; detention; procedure; statements by juveniles
Current through 2026 Regular Session
Part of Chapter 6: Detention of Shoplifters by Owner or Agent, Indiana Code.
Full text of Ind. Code § 35-33-6-2
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. 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.
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