Indiana § 34-28-5-3 - Detention; communications device information
Full text of Indiana Indiana Code § 34-28-5-3 — Detention; communications device information, with citation guidance and answers to common questions.
§ 34-28-5-3. Detention; communications device information
Sec. 3. (a) Whenever a law enforcement officer believes in good faith that a person has committed 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 person's possession; and
(3) allow the person to execute a notice to appear.
(b) If a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance 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 communications device possessed by the person at the time the person is detained unless:
(1) the law enforcement officer has probable cause to believe that the:
(A) cellular telephone; or
(B) other wireless or cellular communications device;
has been used in the commission of a crime;
(2) the information is extracted or otherwise downloaded under a valid search warrant; or
(3) otherwise authorized by law.
[Pre-1998 Recodification Citation: 34-4-32-2.]
As added by P.L.1-1998, SEC.24. Amended by P.L.191-2014, SEC.2.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 34-28-5-3
What does Indiana Code § 34-28-5-3 cover?
Section 34-28-5-3 ("Detention; communications device information") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 34-28-5-3?
A common citation format is "Indiana Code § 34-28-5-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 34-28-5-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.