MISCELLANEOUS LAWS
390
(e) If the state is an aggrieved person, the
attorney general and the inspector general have
concurrent jurisdiction with the prosecuting attor-
ney to bring an action under this section.
34-24-2-7. Collateral estoppel.
In any action brought under this chapter (or IC
34-4-30 before its repeal), the principle of col-
lateral estoppel operates to bar relitigation of the
issues previously determined in a criminal pro-
ceeding under IC 35-45-6-2.
34-24-2-8. Retention of attorney by
prosecutor or inspector general.
(a) A prosecuting attorney or the inspector
general may retain an attorney to bring an action
under this chapter.
(b) An attorney retained under this section is
not required to be a deputy prosecuting attorney
but must be admitted to the practice of law in
Indiana.
TITLE 34
ARTICLE 28
Chapter 5. Infraction and Ordinance
Violations [Portions Omitted].
34-28-5-3.
Detention of suspect for ordinance or
infraction violation.
34-28-5-3.5. Refusal to provide identifying informa-
tion; penalty.
34-28-5-3. Detention of suspect for ordi-
nance or infraction violation.
(a) Whenever a law enforcement officer
believes in good faith that a person has commit-
ted an infraction or ordinance violation, the law
enforcement officer may detain that person for a
time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person’s:
(A) name, address, and date of birth;
or
(B) driver’s license, if in the per-
son’s possession; and
(3) allow the person to execute a notice
to appear.
(b) If a law enforcement officer detains a per-
son because the law enforcement officer believes
the person has committed an infraction or ordi-
nance violation, the law enforcement officer may
not, without the consent of the person, extract or
otherwise download information from a cellular
telephone or another wireless or cellular com-
munications device possessed by the person at the
time the person is detained unless:
(1) the law enforcement officer has prob-
able cause to believe that the:
(A) cellular telephone; or
(B) other wireless or cellular com-
munications device;
has been used in the commission of a
crime;
(2) the information is extracted or oth-
erwise downloaded under a valid search
warrant; or
(3) otherwise authorized by law.
34-28-5-3.5. Refusal to provide identifying
information; penalty.
A person who knowingly or intentionally
refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver’s license, if in the person’s pos-
session;
to a law enforcement officer who has stopped
the person for an infraction or ordinance violation
commits a Class C misdemeanor.
