Indiana statute
Ind. Code § 34-28-5-3 — Detention; communications device information
Current through 2026 Regular Session
Part of Chapter 5: Infraction and Ordinance Violation Enforcement Proceedings, Indiana Code.
Full text of Ind. Code § 34-28-5-3
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 3. (a) Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to: (1) inform the person of the allegation; (2) obtain the person's: (A) name, address, and date of birth; or (B) driver's license, if in the person's possession; and (3) allow the person to execute a notice to appear. (b) If a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance violation, the law enforcement officer may not , without the consent of the person, extract or otherwise download information from a cellular telephone or another wireless or cellular communications device possessed by the person at the time the person is detained unless: (1) the law enforcement officer has probable cause to believe that the: (A) cellular telephone; or (B) other wireless or cellular communications device; has been used in the commission of a crime; (2) the information is extracted or otherwise downloaded under a valid search warrant; or (3) otherwise authorized by law. [Pre-1998 Recodification Citation: 34-4-32-2.]
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.