Indiana Code
Ind. Code § 35-33-1-4 (2025)
Any person
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 4. (a) 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.
(b) 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.
(c) 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.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.
Notes of Decisions
Cited in 11
cases, 1987–2018 · leading case: Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007).
Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007). “Ind.Code § 35-33-1-4 (1998) (emphasis added).”
City of Fort Wayne v. Moore, 706 N.E.2d 604 (Ind. Ct. App. 1999). “See Ind.Code § 35-33-1-4. Moreover, Moore testified that he did not feel he could resist the attack or defend himself due to Stanford's identification of himself as an officer for fear of criminal repercussions.”
Larry Ervin v. State of Indiana, 114 N.E.3d 888 (Ind. Ct. App. 2018). “…citizen's arrest are without merit because the alleged theft of his iPad was not "committed in [Ervin's] presence[.]" Ind. Code § 35-33-1-4 (a)(3).”
Nantz v. State, 740 N.E.2d 1276 (Ind. Ct. App. 2001). “" Ind.Code § 35-33-1-4. Nantz argues that this instruction was supported by the evidence because he believed that Petro was committing felony theft by stealing the bulldozer, and thus, he had the right to attempt to arrest him.”
Walker v. State, 503 N.E.2d 883 (Ind. 1987). “Ind.Code § 35-33-1-4 provides in part: "(a) Any person may arrest any other person if: (2) a felony has been committed and he has probable cause to believe that the other person has committed that felony.”
State v. Hart, 669 N.E.2d 762 (Ind. Ct. App. 1996). “CODE § 35-33-1-4; IND. CODE § 9-30-2-2. The former describes when a private citizen may make an arrest while the latter merely requires that a law enforcement officer acting in his official capacity prove his authority.”
Pinkney v. Thomas, 583 F. Supp. 2d 970 (N.D. Ind. 2008). “See Ind.Code § 35-33-1-4(a)(3). Towards that end, Peconge argues that Pinkney breached the peace in two ways: first, by fighting outside the school; and second, by fleeing after Thomas commanded him to stop, thus committing the Class A misdemeanor of Resisting Law Enforcement…”
Schalk v. State, 943 N.E.2d 427 (Ind. Ct. App. 2011). “In support of that contention, Schalk directs us to Indiana Code Section 35-33-1-4, which provides: (a) 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…”
State v. McAteer, 511 S.E.2d 79 (S.C. Ct. App. 1998). “"); Ind. Code Ann. § 35-33-1-4 (a) (1994) ("Any person may arrest any other person if: .”
Walter Fisk v. State of Indiana, No. 49A02-1208-CR-646 (Ind. Ct. App. Apr. 25, 2013). “Specifically, Fisk directs our attention to Ind. Code Ann. § 35-33-1-4 (West, Westlaw current with all 2012 legislation), which provides in relevant part as follows: (a) Any person may arrest any other person if: (1) the other person committed a felony in his presence; (2) a…”
Rafael Del Rio v. State of Indiana, No. 45A05-1106-CR-285 (Ind. Ct. App. Feb. 28, 2012). “See Indiana Code Section 35-33-1-4. Del Rio points to our citizen’s arrest statute in conjunction with Indiana Code Section 35-41-3-2 to support his argument that he was justified in pursuing and killing Lopez-Ramirez after the attack on his brother.”
Ind. Code § 35-33-1-4(a): 1 case
Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007). “Ind.Code § 35-33-1-4 (1998) (emphasis added).”
Ind. Code § 35-33-1-4(a)(3): 1 case
Pinkney v. Thomas, 583 F. Supp. 2d 970 (N.D. Ind. 2008). “See Ind.Code § 35-33-1-4(a)(3). Towards that end, Peconge argues that Pinkney breached the peace in two ways: first, by fighting outside the school; and second, by fleeing after Thomas commanded him to stop, thus committing the Class A misdemeanor of Resisting Law Enforcement…”
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