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Ind. Code § 9-30-2-2

Uniform and badge; marked police vehicle; exceptions

Applied in 6 court decisions — leading case Bovie v. State (2002)

Most recently applied in Thomas Porter v. State of Indiana (April 2013)

As added by P.L.2-1991, SEC.18

How often courts cite this section

199820002010201320
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. 2. (a) Except as provided in subsection (b), a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on a highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on a highway unless at the time of the arrest the officer is:

(1) wearing a distinctive uniform and a badge of authority; or

(2) operating a motor vehicle that is clearly marked as a police vehicle;

that will clearly show the officer or the officer's vehicle to casual observations to be an officer or a police vehicle.

(b) Subsection (a) does not apply to an officer in an unmarked police vehicle making an arrest or issuing a traffic information and summons:

(1) when there is a uniformed officer present at the time of the arrest; or

(2) for a violation of one (1) or more of the following:

(A) IC 9-21-8-52(a)(1)(A) (reckless driving causing endangerment).

(B) IC 9-21-8-52(b) as a Level 6 felony (recklessly passing a stopped school bus resulting in bodily injury).

(C) IC 9-21-8-52(b) as a Level 5 felony (recklessly passing a stopped school bus resulting in death).

(D) IC 9-30-5-2(b) as a Class A misdemeanor (operating while intoxicated in a manner that endangers a person).

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