Sec. 2. (a) Except as provided in subsection (b), a law
enforcement officer may not arrest or issue a traffic information and
summons to a person for a violation of an Indiana law regulating the
use and operation of a motor vehicle on a highway or an ordinance of
a city or town regulating the use and operation of a motor vehicle on a
highway unless at the time of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a police
vehicle;
that will clearly show the officer or the officer's vehicle to casual
observations to be an officer or a police vehicle.
(b) Subsection (a) does not apply to an officer in an unmarked
police vehicle making an arrest or issuing a traffic information and
summons:
(1) when there is a uniformed officer present at the time of the
arrest; or
(2) for a violation of one (1) or more of the following:
(A) IC 9-21-8-52(a)(1)(A) (reckless driving causing
endangerment).
(B) IC 9-21-8-52(b) as a Level 6 felony (recklessly passing a
stopped school bus resulting in bodily injury).
(C) IC 9-21-8-52(b) as a Level 5 felony (recklessly passing a
stopped school bus resulting in death).
(D) IC 9-30-5-2(b) as a Class A misdemeanor (operating while
intoxicated in a manner that endangers a person).
[Pre-1991 Recodification Citation: 9-4-8-1.]
As added by P.L.2-1991, SEC.18. Amended by P.L.198-2016,
SEC.592; P.L.164-2018, SEC.18; P.L.144-2019, SEC.11.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1993–2023 · leading case:
Bovie v. State, 760 N.E.2d 1195 (Ind. Ct. App. 2002).
Bovie v. State, 760 N.E.2d 1195 (Ind. Ct. App. 2002).
· cites it 6× “He also contends that he could not be stopped for a traffic violation because of the restriction of Ind.Code § 9-30-2-2 (Burns Code Ed. Repl.”
Davis v. State, 858 N.E.2d 168 (Ind. Ct. App. 2006).
· cites it 9× “Ind.Code § 9-30-2-2 First, we will address whether Officer Watterson had authority to stop Brennan's car for failing to use his turn signal.”
David Cupello v. State of Indiana, 27 N.E.3d 1122 (Ind. Ct. App. 2015).
· cites it 8× “And, similarly, Indiana Code Section 9-30-2-2 requires an officer who makes an arrest or issues an information and summons in connection with the operation of a motor vehicle provide indicia to the operator of the vehicle that he is, in fact, a law enforcement officer.”
Hatcher v. State, 762 N.E.2d 189 (Ind. Ct. App. 2002).
· cites it 10× “Because uniformed officers were present when the non-uniformed officer issued the citations to Hatcher, we find that Indiana Code § 9-30-2-2 does not apply and affirm both judgments.”
Clifton Ervin v. State of Indiana, 968 N.E.2d 315 (Ind. Ct. App. 2012).
· cites it 14× “Moreover, had the Defendant not stopped, the communication from Officer Sedberry and his wife to police dispatch would have directed uniformed police officers to a location where they could have made a stop compliant with Indiana Code § 9-30-2-2. For these reasons, the court…”
Maynard v. State, 859 N.E.2d 1272 (Ind. Ct. App. 2007).
· cites it 5× “On January 30, 2006, Maynard filed a pretrial Motion to Dismiss claiming that Marshal Jefford violated Indiana Code section 9-30-2-2. The trial court denied the motion that same day prior to the commencement of the jury trial.”
City of Fort Wayne v. Moore, 706 N.E.2d 604 (Ind. Ct. App. 1999).
· cites it 4× “However, the fact that Stanford's stop of Moore may not have been within the City's rules, or even within the dictates of the statute governing traffic stops by police officers who are out of uniform or driving unmarked cars, see Ind.Code § 9-30-2-2, does not necessarily take…”
Thomas Porter v. State of Indiana, 985 N.E.2d 348 (Ind. Ct. App. 2013).
· cites it 12× “- On appeal, Porter points only to his counsel’s statements during closing argument regarding whether the State had established that the arresting officer was in a fully marked vehicle or in uniform as required by Ind.Code § 9-30-2-2. Porter argues that the arrest was in…”
Lashley v. State, 745 N.E.2d 254 (Ind. Ct. App. 2001).
· cites it 4× “Indiana Code Section 9-30-2-2 does provide that a law enforcement officer may not arrest or issue a traffic citation to a person for violation of an Indiana law unless the officer is wearing a distinctive uniform and badge of authority or is operating a motor vehicle that is…”
State v. Hart, 669 N.E.2d 762 (Ind. Ct. App. 1996).
· cites it 2× “CODE § 9-30-2-2. The former describes when a private citizen may make an arrest while the latter merely requires that a law enforcement officer acting in his official capacity prove his authority.”
Miller v. State, 641 N.E.2d 64 (Ind. Ct. App. 1994).
· cites it 2× “DECISION Ind. Code 9-30-2-2 provides: A law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway or an ordinance of a city or town…”
Beldon v. State, 926 N.E.2d 480 (Ind. 2010).
“A Class A misdemeanor operating a motor vehicle while intoxicated can be charged as a Class D felony if the person charged has a prior conviction for operating while intoxicated.”
Ind. Code § 9-30-2-2(a): 1 case
Ind. Code § 9-30-2-2(a)(1): 1 case
Ind. Code § 9-30-2-2(b)(l): 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.