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.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts
1982, 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; P.L.171-2011, SEC.20;
P.L.226-2014(ts), SEC.3; P.L.226-2014(ts), SEC.4; P.L.65-2016,
SEC.24; P.L.175-2022, SEC.6; P.L.112-2023, SEC.3; P.L.186-2025,
SEC.228.
Notes of Decisions
Cited in
40
cases (
2 in the last 5 years), 1984–2024 · leading case:
Spranger v. State
Spranger v. State (1986)
ind · cites it 12×
“Ind. Code § 35-33-1-1 provides in pertinent part: A law enforcement officer may arrest a person when: (2) He has probable cause to believe the person has committed .”
Row v. Holt (2005)
indctapp · cites it 8×
“Ind.Code § 35-33-1-1 (Supp.2001). The Defendants contend that the existence of the battery affidavit executed by Krystall, an admission by Row that he touched Krystall when she attempted to remove the tape recorder from his pocket, and Row's commission of other offenses when…”
Steven M. Sandleben v. State of Indiana (2015)
indctapp · cites it 2×
“” Ind.Code § 35-33-1-1(a)(2) (2011). Probable cause for arrest exists where, at the time of the arrest, the officer has knowledge of facts and circumstances that would justify a person of reasonable caution to believe a suspect has committed the criminal act in question.”
Taylor v. State (2006)
ind · cites it 2×
“See I.C. § 35-33-1-1(A)(4) (1996) and LC. § 35-33-1-5 (1983).”
Row v. Holt (2007)
ind · cites it 2×
“Indiana Code section 35-33-1-1 provides: (a) A law enforcement officer may arrest a person when the officer has: (1) a warrant commanding that the person be arrested; .”
Buquer v. City of Indianapolis (2011)
insd · cites it 6×
“Specifically, the two portions of that law which Plaintiffs challenge are: Section 19 of SEA 590, which amends Indiana Code § 35-33-1-1(1), by adding new sections (a)(ll)-(a)(13), authorizing state and local law enforcement officers to make a warrantless arrest of a person when…”
Moffitt v. State (2004)
indctapp · cites it 2×
“2003); see also Ind. Code § 35-33-1-1 (a). The amount of evidence necessary to satisfy the probable cause requirement for a warrantless arrest is determined on a case-by-case basis.”
Ware v. State (2007)
indctapp · cites it 2×
“20083); see Ind.Code § 35-33-1-1(a)(2). "The amount of evidence necessary to meet the probable cause requirement for a warrantless arrest is determined on a case-by-case basis, and is less than the level of proof necessary to establish guilt beyond a reasonable doubt.”
Garrett v. City of Bloomington (1985)
indctapp · cites it 4×
“Therefore, in my view, it was improper for the court to determine these vital issues on summary judgment. Nothing short of a full trial will suffice.”
— Ind. Code § 35-33-1-1(1) — 1 case
Buquer v. City of Indianapolis (2011)
insd
“Specifically, the two portions of that law which Plaintiffs challenge are: Section 19 of SEA 590, which amends Indiana Code § 35-33-1-1(1), by adding new sections (a)(ll)-(a)(13), authorizing state and local law enforcement officers to make a warrantless arrest of a person when…”
— Ind. Code § 35-33-1-1(2) — 1 case
— Ind. Code § 35-33-1-1(4) — 1 case
— Ind. Code § 35-33-1-1(A)(4) — 2 cases
Taylor v. State (2006)
ind
“See I.C. § 35-33-1-1(A)(4) (1996) and LC. § 35-33-1-5 (1983).”
— Ind. Code § 35-33-1-1(a) — 1 case
— Ind. Code § 35-33-1-1(a)(2) — 3 cases
Steven M. Sandleben v. State of Indiana (2015)
indctapp
“” Ind.Code § 35-33-1-1(a)(2) (2011). Probable cause for arrest exists where, at the time of the arrest, the officer has knowledge of facts and circumstances that would justify a person of reasonable caution to believe a suspect has committed the criminal act in question.”
Ware v. State (2007)
indctapp
“20083); see Ind.Code § 35-33-1-1(a)(2). "The amount of evidence necessary to meet the probable cause requirement for a warrantless arrest is determined on a case-by-case basis, and is less than the level of proof necessary to establish guilt beyond a reasonable doubt.”
— Ind. Code § 35-33-1-1(a)(3) — 1 case
— Ind. Code § 35-33-1-1(a)(4) — 7 cases
— Ind. Code § 35-33-1-1(a)(5) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.