CRIMINAL LAWAND PROCEDURE
123
Chapter 1. General Purpose
[Portions Omitted]
35-32-1-1.
Construction of title.
35-32-1-1. Construction of title.
This title shall be construed in accordance
with its general purposes, to:
(1) secure simplicity in procedure;
(2) insure fairness of administration
including the elimination of unjustifiable
delay;
(3) insure the effective apprehension and
trial of persons accused of offenses;
(4) provide for the just determination of
every criminal proceeding by a fair and
impartial trial and adequate review;
(5) reduce crime by promoting the use of
evidence based best practices for rehabil-
itation of offenders in a community setting;
(6) keep dangerous offenders in prison by
avoiding the use of scarce prison space
for nonviolent offenders;
(7) give judges maximum discretion to
impose sentences based on a consideration
of all the circumstances related to the
offense;
(8) maintain proportionality of penalties
across the criminal code, with like sen-
tences for like crimes;
(9) make the length of sentences served
by offenders more certain for victims; and
(10) preserve the public welfare and secure
the fundamental rights of individuals.
ARTICLE 33
PRELIMINARY PROCEEDINGS
[PORTIONS OMITTED]
Ch. 1.
Arrest
Ch. 5.
Search Warrants
Chapter 1. Arrest.
35-33-1-1.
Arrests by law enforcement officers
[effective until 1-1-15].
35-33-1-1 Arrests by law enforcement officers
[effective on or after 1-1-15].
35-33-1-1.5 Responding to scene of domestic or
family violence.
35-33-1-1.7 Domestic violence arrest; 8 hour hold.
35-33-1-2 Arrest by judge.
35-33-1-3 Arrest by coroner.
35-33-1-4 Citizens’ arrest.
35-33-1-5 Arrest defined.
35-33-1-6 Chart for detention of persons arrested for
alcohol-related offense.
35-33-1-1. Arrests by law enforcement
officers [effective through
December 31, 2014].
(a) A law enforcement officer may arrest a
person when the officer has:
(1) a warrant commanding that the person
be arrested;
(2) probable cause to believe the person
has committed or attempted to commit,
or is committing or attempting to com-
mit, a felony;
(3) probable cause to believe the person
has violated the provisions of IC 9-26-1-
1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-
26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or
IC 9-30-5;
(4) probable cause to believe the person
is committing or attempting to commit a
misdemeanor in the officer's presence;
(5) probable cause to believe the person
has committed a:
(A) battery resulting in bodily injury
under IC 35-42-2-1; or
(B) domestic battery under IC 35-
42-2-1.3.
The officer may use an affidavit executed
by an individual alleged to have direct
knowledge of the incident alleging the ele-
ments of the offense of battery to establish
probable cause;
(6) probable cause to believe that the per-
son violated IC 35-46-1-15.1 (invasion of
privacy);
(7) probable cause to believe that the per-
son violated IC 35-47-2-1 (carrying a hand-
gun without a license) or IC 35-47-2-22
(counterfeit handgun license);
(8) probable cause to believe that the per-
son is violating or has violated an order
issued under IC 35-50-7;
(9) probable cause to believe that the per-
