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Citizen’s Arrest – Indiana

IC 35-33 ARTICLE 33. PRELIMINARY PROCEEDINGS

IC 35-33-1 Chapter 1. Arrest

  Section Any person
     Sec. 4. (a) Any person may arrest any other person if:

(1) the other person committed a felony in his presence;

(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or

(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.

(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.

(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.

As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.

IC 35-33-1-5Definition

     Sec. 5. Arrest is the taking of a person into custody, that he may be held to answer for a crime.

As added by P.L.320-1983, SEC.3.