Indiana Code
Ind. Code § 35-33-7-1 (2026)
Arrest without warrant; initial hearing; venue
✓ current as of May 2026
Sec. 1. (a) A person arrested without a warrant for a crime shall be taken promptly before a judicial officer:
(1) in the county in which the arrest is made; or
(2) of any county believed to have venue over the offense committed; for an initial hearing in court.
(b) Except as provided in subsection (c), if the person arrested makes bail before the person's initial hearing before a judicial officer, the initial hearing shall occur at any time within twenty (20) calendar days after the person's arrest.
(c) If a person arrested under IC 9-30-5 makes bail before the person's initial hearing before a judicial officer, the initial hearing must occur within ten (10) calendar days after the person's arrest.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.126-1989, SEC.27; P.L.2-1991, SEC.103.
Notes of Decisions
Cited in 22
cases (4 in the last 5 years), 1986–2025 · leading case: Peterson v. State, 674 N.E.2d 528 (Ind. 1996).
Peterson v. State, 674 N.E.2d 528 (Ind. 1996). “Although denied by the trial court, the defendant's motion to suppress, together with its supporting memorandum, asserted that the interval between his arrest and presentation before a judicial officer constituted an unreasonable delay and a violation of Indiana Code §…”
May v. State, 502 N.E.2d 96 (Ind. 1986). “The following statutes were in effect when Appellant was arrested: Ind. Code § 35-33-7-1 (Burns Supp. 1981): A person arrested without a warrant for a crime shall be taken promptly before a judicial officer.”
Buie v. State, 633 N.E.2d 250 (Ind. 1994). “§ 35-33-7-1 (Burns 1985) provides that "A person arrested without a warrant for a crime shall be taken promptly before a judicial officer.”
Stafford v. State, 890 N.E.2d 744 (Ind. Ct. App. 2008). “Stafford argues that the facts that there was no determination of probable cause until six days after his arrest and he was not brought before a judicial officer until September 10, 2007, violated the Fourth and Fourteenth Amendments to the United States Constitution, 5 Sections…”
Minnick v. State, 544 N.E.2d 471 (Ind. 1989). “" Ind. Code § 35-33-7-1 . Unless appellant can affirmatively show the error was prejudicial to his substantial rights, he will not be entitled to a reversal of his conviction.”
Ronnie L. Patrick v. Jasper Cnty. & Sheriff Terry Gilliland, 901 F.2d 561 (7th Cir. 1990). “Code § 35-33-7-1, which provides in part: “A person arrested without a warrant for a crime shall be taken promptly before a judicial officer: (1) In the County in which the arrest is made; or (2) Of any County believed to have venue over the offence committed; for his initial…”
Eddie Townsend v. Matthew B. Wilson, 652 F. App'x 449 (7th Cir. 2016). “See Ind. Code § 35-33-7-1 (b) (allowing payment of bail before initial hearing with judge); Allen County Bail Sohedule (2010), http:// www.”
Covelli v. State, 579 N.E.2d 466 (Ind. Ct. App. 1991). “Covelli argues that he was not afforded a prompt initial hearing pursuant to Indiana Code 35-33-7-1 (Supp. 1990). Assuming his contentions are true, the violation of the statute is not per se a reason for excluding the statement obtained in the interval between his arrest and…”
Saunders v. State, 562 N.E.2d 729 (Ind. Ct. App. 1990). “The statute which governs arrest without warrant provides that a person arrested without a warrant for a crime shall be taken promptly before a judicial officer in the county in which the arrest is made, or of any county believed to have venue over the offense committed, for his…”
Boyce v. Woodruff, 979 F. Supp. 817 (N.D. Ind. 1997). “A probable cause determination was then made pursuant to Ind.Code § 35-33-7-1, and the Plaintiff was ordered held on the preliminary charge.”
Schmidt v. State, 746 N.E.2d 369 (Ind. Ct. App. 2001). “We note Indiana Code § 35-33-7-1 mandates that "a person arrested without a warrant for a crime shall be taken promptly before a judicial officer.”
Neil Dixon, as Special Adm'r of the Est. of Clayton Dixon, & Ella Dixon v. City of Greenwood (mem. dec.) (Ind. Ct. App. 2020). “In their argument concerning whether the City had a duty of care to them and in their Court of Appeals of Indiana | Memorandum Decision 20A-CT-146 | July 8, 2020 Page 12 of 15 reply brief, the Dixons do cite Indiana Code section 35-33-7-1, which states, “a person arrested…”
Ind. Code § 35-33-7-1(a): 5 cases
Jeffery C. Moore v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
Boddie v. Morales (N.D. Ind. 2021).
Boddie v. Morales (N.D. Ind. 2022).
Brownlee v. South Bend Indiana City of (N.D. Ind. 2025).
Dennis Meyer v. State of Indiana (Ind. Ct. App. 2013).
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.