Sec. 9. (a) Each member of the department:

(1) has general police powers;

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to 60 daysup to $500
For details, see Ind. Code § 35-50-3-4

Terms Used In Indiana Code 36-8-10-9

  • Arrest: Taking physical custody of a person by lawful authority.
  • Department: refers to the sheriff's department of a county. See Indiana Code 36-8-10-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) shall arrest, without process, all persons who commit an offense within the member’s view, take them before the court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

(3) shall suppress all breaches of the peace within the member’s knowledge, with authority to call to the member’s aid the power of the county;

(4) shall pursue and commit to the jail of the county all felons;

(5) may execute all process directed to the sheriff by legal authority;

(6) shall attend upon and preserve order in all courts of the county;

(7) shall guard prisoners in the county jail;

(8) shall serve all process directed to the sheriff from a court or from the county executive according to law; and

(9) shall take photographs, fingerprints, and other identification data as shall be prescribed by the sheriff of persons taken into custody for felonies or misdemeanors.

     (b) A person who:

(1) refuses to be photographed;

(2) refuses to be fingerprinted;

(3) withholds information; or

(4) gives false information;

as prescribed in subsection (a)(9), commits a Class C misdemeanor.

[Pre-Local Government Recodification Citation: 17-3-14-5.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.344-1983, SEC.2; P.L.127-2017, SEC.265.