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

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

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Terms Used In Indiana Code 35-33-1-4

  • Arrest: Taking physical custody of a person by lawful authority.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.