Police officers have broad powers when it comes to exercising their duties. They put their lives on the line to protect the people and serve society. For this reason, they also have a certain amount of qualified immunity against civil lawsuits. Of course, this immunity doesn't apply when police officers act in a manner that qualifies as misconduct.
A police officer's conduct can be considered police misconduct in a variety of ways. For example, if an officer performs an unlawful search and seizure or makes a false arrest, it can be considered misconduct. It's also misconduct if an officer uses excessive force. It's important to remember, however, that an officer is permitted to use reasonable force if a suspect resists arrest.
Police Misconduct Laws and Claims in Indiana: At a Glance
The chart below provides a helpful overview of police misconduct laws and claims in Indiana. For more detailed information, please visit the links also provided in the chart.
Indiana Code, Title 35:
A public servant commits official misconduct if they knowingly or intentionally:
Official misconduct is a Level 6 felony.
|When a Police Officer May Make an Arrest||A police officer may make an arrest when they have a warrant or have probable cause under a variety of circumstances. Examples of these circumstances include if the officer has probable cause to believe that the person has committed a felony or they're committing a misdemeanor in the officer's presence.|
|When a Police Officer May Use Force||
A police officer is justified in using reasonable force if they reasonably believe that it's necessary to complete a lawful arrest. A police officer is justified in using deadly force only if they:
|Related Statute(s)||Indiana Code, Title 35. Criminal Law and Procedure|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Police Misconduct Laws and Claims in Indiana: Related Resources
If you'd like additional information and resources related to this topic, you can visit the links listed below.
Questions About Police Misconduct Laws and Claims in Indiana? Ask a Lawyer
If you've had an encounter with the police that you feel crossed the line, it's best to get in touch with a local civil rights attorney who will have experience with police misconduct laws and claims in Indiana.
Contact a qualified attorney.