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

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 5 felonybetween 1 and 6 yearsup to $10,000
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2

Terms Used In Indiana Code 9-30-2-2

  • Arrest: Taking physical custody of a person by lawful authority.
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Summons: Another word for subpoena used by the criminal justice system.
(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.