Sec. 10. (a) The police department shall, within the
city:
(1) preserve peace;
(2) prevent offenses;
(3) detect and arrest criminals;
(4) suppress riots, mobs, and insurrections;
(5) disperse unlawful and dangerous assemblages and
assemblages that obstruct the free passage of public streets,
sidewalks, parks, and places;
(6) protect the rights of persons and property;
(7) guard the public health;
(8) preserve order at elections and public meetings;
(9) direct the movement of vehicles in public ways or public
places;
(10) remove all nuisances in public parks or public ways;
(11) provide proper police assistance at fires;
(12) assist, advise, and protect strangers and travelers in public
ways or at transportation facilities;
(13) carefully observe and inspect all places of business under
license, or required to have them; and
(14) enforce and prevent the violation of all laws in force in the
city.
(b) The police chief and each captain, in the captain's precinct or
district, may supervise and inspect all pawnbrokers, vendors, junkshop
keepers, cartmen, expressmen, dealers in secondhand merchandise,
intelligence offices, architectural salvage material dealers (as defined
in IC 24-4-16-3), and auctions. Any member of the department may be
authorized by the chief in writing to exercise the same powers.
[Pre-Local Government Recodification Citation: 18-1-11-7
part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by
P.L.63-2008, SEC.6.
Notes of Decisions
Cited in
7
cases, 1984–2014 · leading case:
Harness v. Schmitt, 924 N.E.2d 162 (Ind. Ct. App. 2010).
Harness v. Schmitt, 924 N.E.2d 162 (Ind. Ct. App. 2010).
· cites it 4× “Ind.Code § 36-8-3-10(a)(1), (2), (7), (14).”
City of Chicago v. Morales, 527 U.S. 41 (1999).
· cites it 2× “[8] See also Ind. Code § 36-8-3-10 (a) (1993) ("The police department shall, within the city: (1) preserve peace; (2) prevent offenses; (3) detect and arrest criminals; (4) suppress riots, mobs, and insurrections; (5) disperse unlawful and dangerous assemblages and assemblages…”
Snyder v. Smith, 7 F. Supp. 3d 842 (S.D. Ind. 2014).
· cites it 2× “See Ind.Code § 36-8-3-10 (establishing that among the duties of police are to “prevent offenses” and “detect and arrest criminals”).”
City of Wakarusa v. Holdeman, 582 N.E.2d 802 (Ind. 1991).
· cites it 3× “We held that activity included within the term "enforcement of a law" was limited to activity attendant to effecting the arrest of those who may have broken the law, and was not as broad as a law enforcement officer's employment obligations or requirements made on him by statute.”
Weber v. City of Fort Wayne, 511 N.E.2d 1074 (Ind. Ct. App. 1987).
· cites it 2× “I.C. § 36-8-3-10 sets forth the general duties of a City Police Department, in pertinent part, as follows: "Police departments, chiefs and captains; powers and duties.”
Lipinski v. Dietrich, 578 F. Supp. 235 (N.D. Ind. 1984).
· cites it 2× “The defendants counter that the departmental practice of maintaining a towing list is in compliance with I.C. § 36-8-3-10 and § 36-8-9-6, which establish that one duty of the Chesterton Police Department is to remove all nuisances in public ways.”
Travis v. State, 812 N.E.2d 826 (Ind. Ct. App. 2004).
· cites it 2× “Code § 836-8-3-6 (listing powers and duties of police officers); Ind.Code § 36-8-3-10 (listing powers and duties of police departments).”
— Ind. Code § 36-8-3-10(a)(1) — 1 case
Harness v. Schmitt, 924 N.E.2d 162 (Ind. Ct. App. 2010).
“Ind.Code § 36-8-3-10(a)(1), (2), (7), (14).”
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