Civil or criminal actions; exclusion of lawful detention; burden of proof
Applied in 2 court decisions — leading case Dietz v. Finlay Fine Jewelry Corp. (2001)
Most recently applied in Denny Alan Neff v. Wal-Mart Stores East, LP (October 2018)
As added by Acts 1981, P.L.298, SEC.2
Sec. 4. A civil or criminal action against:
(1) an owner or agent of a store or motion picture exhibition facility; or
(2) a law enforcement officer;
may not be based on a detention that was lawful under section 2 or 2.5 of this chapter. However, the defendant has the burden of proof that the defendant acted with probable cause under section 2 or 2.5 of this chapter.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.