Sec. 4. The marshal is the chief police officer of the
town and has the powers of other law enforcement officers in executing
the orders of the legislative body and enforcing laws. The marshal or
the marshal's deputy:
(1) shall serve all process directed to the marshal or deputy by the
town court or legislative body;
(2) shall arrest without process all persons who commit an offense
within the marshal's or deputy's view, take them before a court
having jurisdiction, and detain them in custody until the cause of
the arrest has been investigated;
(3) shall suppress breaches of the peace;
(4) may, if necessary, call the power of the town to the marshal's
or deputy's aid;
(5) may execute search warrants and arrest warrants; and
(6) may pursue and jail persons who commit an offense.
[Pre-Local Government Recodification Citations: 18-3-1-20
part; 18-3-1-32.]
As added by Acts 1980, P.L.212, SEC.4. Amended by
P.L.127-2017, SEC.152.
Notes of Decisions
Cited in
3
cases, 1986–2011 · leading case:
Spranger v. State, 498 N.E.2d 931 (Ind. 1986).
Spranger v. State, 498 N.E.2d 931 (Ind. 1986).
· cites it 31× “Accordingly, when the legislature thereafter redefined the powers of town marshals in Ind. Code § 36-5-7-4 , and prescribed the powers of town marshals by reference to powers granted to other police agencies, the new statute referred to town marshals having the powers of "other"…”
Cook v. Atlanta, 956 N.E.2d 1176 (Ind. Ct. App. 2011).
· cites it 4× “He states that “[although Ind.Code § 36-5-7-4 identifies the town marshal as the ‘chief police officer,’ the definition section of title 36, article 8 of the Indiana Code defines an ‘upper policy making position’ as the position held by the police chief or fire chief,” that…”
Hart v. State, 671 N.E.2d 420 (Ind. Ct. App. 1996).
“Hart argues that because the detention took place outside the town limits, it was done in violation of the limitations placed upon Wheeler. Thus, he concludes that the detention was not a "lawful" detention.”
Ind. Code § 36-5-7-4(6): 1 case
Spranger v. State, 498 N.E.2d 931 (Ind. 1986).
“Accordingly, when the legislature thereafter redefined the powers of town marshals in Ind. Code § 36-5-7-4 , and prescribed the powers of town marshals by reference to powers granted to other police agencies, the new statute referred to town marshals having the powers of "other"…”
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