Kasich Law Offices
Some of the More Interesting Provisions
of the Indiana Criminal Code:
Due to their length, I have separate pages devoted to:
Table of Contents:
OFFENSES AGAINST THE PERSON
OFFENSES AGAINST PROPERTY
OFFENSES AGAINST PUBLIC ADMINISTRATION
OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY
MISCELLANEOUS OFFENSES
CITIZEN'S ARREST
Indiana Code 35-33-1-4:
Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
HOW LONG CAN THEY HOLD YOU AFTER A DUI/DWI/OWI ARREST?
Here is a chart that is contained in the Indiana Statutes: Indiana Code 35-33-1.6
HOMICIDE
BATTERY and RELATED OFFENSES
ROBBERY and CARJACKING
ARSON
BURGLARY
THEFT
Alteration of retail prices
Shoplifting
Evidence that a person:
(1) concealed property displayed or offered for sale or hire; and
(2) removed the property from any place within the business premises
at which it was displayed or offered to a point beyond that at which
payment should be made;
constitutes prima facie evidence of intent to deprive the owner of
the property of a part of its value and that the person exerted
unauthorized control over the property.
Can you be detained by the storekeeper if you are suspected of shoplifting? Yes!
Probable cause; detention; procedure
(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 may:
(1) detain the person and request the person to identify himself;
(2) verify the identification;
(3) determine whether the person has in his possession unpurchased merchandise
taken from the store;
(4) inform the appropriate law enforcement officers; and
(5) inform the parents or others interested in the person's welfare, that the
person has been detained.
(b) 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.
ISF checks - it is a defense if you you made the check
"good" within 10 days of your recipt of notice from the
party that received the bad check
FORGERY
HOME IMPROVEMENT FRAUD
BRIBERY
RIOTING
INTIMIDATION
PUBLIC INDECENCY
GAMBLING
RACKETEER INFLUENCED CORRUPT ORGANIZATIONS
LOANSHARKING
CONSUMER PRODUCT TAMPERING
CRIMINAL GANGS
STALKING
ABUSE OF A CORPSE
CODE GRABBING DEVICES [devices "stealing" car alarm or garage door opener signals]
UNAUTHORIZED USE OF TELECOMMUNICATIONS DEVICES [cloning or illegal use of cell phones, etc.]
OFFENSES AGAINST THE FAMILY
OFFENSES RELATING TO CIVIL RIGHTS
OFFENSES RELATING TO ANIMALS
RECRUITMENT OF STUDENT ATHLETES
HUMAN ORGAN TRAFFICKING
GLUE SNIFFING; NITROUS OXIDE
OBSCENITY and PORNOGRAPHY
Here is one example of CIVIL penalties that can be placed on top of criminal penalties if you
are transporting cocaine or other drugs in your car or boat:
Seizure of Property/Forfeitures
If used to transport cocaine, etc.