Ind. Code » Title 9
Indiana Code

Ind. Code § 9-22-1-5 (2025)

Discovery of possession by person other than vehicle owner

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 5. When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer.

[Pre-1991 Recodification Citation: 9-9-1.1-4(a) part.]

As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012, SEC.114; P.L.262-2013, SEC.104.

 

Notes of Decisions
Cited in 5 cases, 1993–2018 · leading case: Howard v. State, 818 N.E.2d 469 (Ind. Ct. App. 2004).
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Howard v. State, 818 N.E.2d 469 (Ind. Ct. App. 2004). · cites it 4× “" Ind.Code § 9-22-1-5 (1992). The registration Howard gave to Officer Dombkowski belonged to another vehicle and another person.”
Lamont Wilford v. State of Indiana, 50 N.E.3d 371 (Ind. 2016). · cites it 2× “), which prohibits operation of an unsafe vehicle. But the State’s reliance is misplaced, because that statute does not confer any specific impoundment authority in case of violations.”
Fair v. State, 627 N.E.2d 427 (Ind. 1993). · cites it 2× “§ 9-22-1-14 (West 1992) (authorizing towing of abandoned vehicles); § 9-21-16-4 (authorizing removal of vehicles found unattended on bridges, causeways, in tunnels, or obstructing traffic); § 9-22-1-5 (authorizing impoundment of vehicle found in possession of person other than…”
Lamont Wilford v. State of Indiana, 31 N.E.3d 1023 (Ind. Ct. App. 2015). · cites it 2× “[17] The State first argues that im-poundment was authorized by statute, specifically Indiana Code section 9-22-1-5 (2012), which provides: When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the…”
Robert H. Smith v. State of Indiana, 116 N.E.3d 1107 (Ind. Ct. App. 2018). · cites it 4× “The State relies on Indiana Code Section 9-22-1-5, which provides: "When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and…”
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