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Ind. Code § 36-2-13-5

Duties

Applied in 12 court decisions — leading case Tittle v. Mahan (1991)

Most recently applied in Hoffman v. Knoebel (July 2018)

As added by Acts 1980, P.L.212, SEC.1

How often courts cite this section

1987199020002010201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 5. (a) The sheriff shall:

(1) arrest without process persons who commit an offense within the sheriff's view, take them before a court of the county having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

(2) suppress breaches of the peace, calling the power of the county to the sheriff's aid if necessary;

(3) pursue and jail felons;

(4) execute all process directed to the sheriff by legal authority;

(5) serve all process directed to the sheriff from a court or the county executive;

(6) attend and preserve order in all courts of the county;

(7) take care of the county jail and the prisoners there;

(8) take photographs, fingerprints, and other identification data as the sheriff shall prescribe of persons taken into custody for felonies or misdemeanors;

(9) take DNA (deoxyribonucleic acid) samples for felonies; and

(10) on or before January 31 and June 30 of each year, provide to the department of correction the average daily cost of incarcerating a prisoner in the county jail as determined under the methodology developed by the department of correction under IC 11-10-13.

(b) A person who:

(1) refuses to be photographed, as prescribed in subsection (a)(8);

(2) refuses to be fingerprinted, as prescribed in subsection (a)(8);

(3) withholds identification data, as prescribed in subsection (a)(8);

(4) gives false information, as prescribed in subsection (a)(8); or

(5) refuses to provide a DNA (deoxyribonucleic acid) sample, as prescribed in subsection (a)(9);

commits a Class C misdemeanor.

(c) The sheriff may supervise and inspect all pawnbrokers, vendors, junkshop keepers, cartmen, expressmen, dealers in secondhand merchandise, intelligence offices, and auctions. The sheriff may authorize any deputy in writing to exercise the same powers.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.