Indiana Code

Ind. Code § 36-8-10-9 (2026)

Powers and duties of members of department; refusal to be photographed or fingerprinted, withholding information, providing false information; misdemeanor

✓ current as of May 2026

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Sec. 9. (a) Each member of the department:

(1) has general police powers;

(2) shall arrest, without process, all persons who commit an offense within the member's view, take them before the court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

(3) shall suppress all breaches of the peace within the member's knowledge, with authority to call to the member's aid the power of the county;

(4) shall pursue and commit to the jail of the county all felons;

(5) may execute all process directed to the sheriff by legal authority;

(6) shall attend upon and preserve order in all courts of the county;

(7) shall guard prisoners in the county jail;

(8) shall serve all process directed to the sheriff from a court or from the county executive according to law; and

(9) shall take photographs, fingerprints, and other identification data as shall be prescribed by the sheriff of persons taken into custody for felonies or misdemeanors.

(b) A person who:

(1) refuses to be photographed;

(2) refuses to be fingerprinted;

(3) withholds information; or

(4) gives false information;

as prescribed in subsection (a)(9), commits a Class C misdemeanor.

[Pre-Local Government Recodification Citation: 17-3-14-5.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.344-1983, SEC.2; P.L.127-2017, SEC.265.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1986–2025 · leading case: Spranger v. State, 498 N.E.2d 931 (Ind. 1986).

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Spranger v. State, 498 N.E.2d 931 (Ind. 1986). · cites it 2× “§ 36-8-10-6 (Appointment of additional deputies or assistants in emergencies), I.C. § 36-8-10-9 (Powers and duties of sheriff's department), I.”

Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). · cites it 4× “Indiana Code section 36-8-10-9 mirrors those duties in describing the duties of a member of the sheriffs department.”

Chambers v. Hamilton Cnty. & Johnson for the State of Indiana (S.D. Ind. 2025). “§ 36-8-10-9. On January 31, 2024, Mr. Chambers appeared before the Hamilton County Superior Court pursuant to cause number 29D01-0511-DR-000996, over which case Commissioner Christopher Barrows ("Commissioner Barrows") presided at a show cause hearing relating to Mr.”

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