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Indiana statute

Ind. Code § 35-33-5-16 — Questioning by law enforcement; admissibility

Current through 2026 Regular Session

Part of Chapter 5: Search and Seizure, Indiana Code.

Full text of Ind. Code § 35-33-5-16

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.

Ind. Code § 35-33-5-16Primary source, current through the 2026 Regular Session
Sec. 16. (a) A law enforcement officer may not: (1) direct; (2) encourage; or (3) knowingly permit; a person who is not a law enforcement officer to question an individual whom a reasonable officer would believe is in custody if the questioning is reasonably likely to elicit an incriminating response. (b) A statement obtained in violation of subsection (a) is not admissible in a criminal, child welfare, or juvenile proceeding. However, this subsection does not apply to evidence discovered as a result of the statement.

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