Indiana § 10-11-2-21 - Enforcement powers; transfer of control or direction of department members prohibited

§ 10-11-2-21. Enforcement powers; transfer of control or direction of department members prohibited

Sec. 21. (a) The officers and police employees of the department have all necessary police powers:

(1) to enforce the laws of the state for the regulation and use of vehicles;

(2) for the protection of the surface or other physical part of the highways in Indiana; and

(3) without writ or warrant, to make an arrest for violation of the laws of the state for the regulation and use of vehicles when the violation is committed in their presence.

(b) The police employees of the department shall:

(1) prevent and detect offenses;

(2) apprehend offenders;

(3) enforce the laws; and

(4) perform other duties imposed upon them by law.

(c) Police employees of the department have:

(1) in any part of Indiana, the same powers concerning criminal matters and the enforcement of related laws as sheriffs, constables, and police officers have in their respective jurisdictions; and

(2) power to act as agents for the state on return of parolees, fugitives from justice, and persons extradited to Indiana for offenses.

(d) A warrant of arrest or search warrant may be executed by any police employee of the department in any part of the state, according to the terms of the warrant without endorsement.

(e) Police employees are subject to the call of the governor. The governor may assign to the department other police duties that the executive department considers advisable, including the duties performed by deputy fire marshals.

(f) Police employees have power to arrest, without warrant, a person who is committing or attempting to commit in their presence or view a violation of the laws of the state.

(g) Under order of the superintendent, police employees may cooperate with any other department of the state or with local authorities.

(h) Police employees may not:

(1) exercise their powers within the limits of a city in labor disputes; or

(2) suppress rioting and disorder;

except by direction of the governor or upon the request of the mayor of the city with the approval of the governor or, if the governor is not available, with the approval of the lieutenant governor. Outside the limits of a city, police employees may not exercise their power in labor disputes except by direction of the governor or upon the request of the judge of the circuit court of the county, with the approval of the governor or, if the governor is not available, with the approval of the lieutenant governor.

(i) The control or direction of the officers or members of the department may not be transferred or delegated to any other agency or officer of the state or any subdivision of the state.

[Pre-2003 Recodification Citation: 10-1-1-10.]

As added by P.L.2-2003, SEC.2.