IC 35-33-3
Chapter 3. Uniform Act on Fresh Pursuit
IC 35-33-3-1
Officer of another state in fresh pursuit; authority to arrest in this
state
Sec. 1. Any member of a duly organized state, county or
municipal peace unit of another state who enters this state in fresh
pursuit, and continues within this state in such fresh pursuit of a
person in order to arrest him on ground that he is believed to have
committed a felony in the other state, shall have the same authority
to arrest and hold such person in custody as has any law enforcement
officer of this state to arrest and hold in custody a person on the
ground that he is believed to have committed a felony in this state.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-2
Hearing before judge; commitment for extradition or discharge
Sec. 2. If an arrest is made in this state by an officer of another
state in accordance with the provisions of section 1 of this chapter,
he shall, without unnecessary delay, take the person arrested before
a judge of the county in which the arrest was made. The judge shall
conduct a hearing for the purpose of determining the lawfulness of
the arrest. If the judge determines that the arrest was lawful, he shall
commit the person arrested to await for a reasonable time the
issuance of an extradition warrant by the governor of this state. If the
judge determines that the arrest was unlawful, he shall discharge the
person arrested.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-3
Lawfulness of arrest
Sec. 3. Section 1 of this chapter shall not be construed so as to
make unlawful any arrest in this state which otherwise would be
lawful.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-4
"State" defined
Sec. 4. For the purpose of this chapter, the word "state" shall
include the District of Columbia.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-5
"Fresh pursuit" defined
Sec. 5. The term "fresh pursuit" as used in this chapter shall
include fresh pursuit as defined by the common law, and also the
pursuit of a person who has committed a felony or who reasonably
is suspected of having committed a felony. It shall also include the
pursuit of a person suspected of having committed a supposed
felony, though no felony actually has been committed, if there is
reasonable ground for believing that a felony has been committed.
Fresh pursuit shall not necessarily imply instant pursuit, but pursuit
without unreasonable delay.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-6
Certified copies of chapter to other states
Sec. 6. It shall be the duty of the secretary of state to certify a
copy of this chapter to the executive department of each of the states
of the United States.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-3-7
Short title
Sec. 7. This chapter may be cited as the uniform act on fresh
pursuit.
As added by Acts 1981, P.L.298, SEC.2.