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.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.4.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings
Chapter 6. Detention of Shoplifters by Owner or Agent
35-33-6-2. Probable Cause; Detention; Procedure; Statements by Juveniles
35-33-6-2.5. Detention of Person Making Unlawful Recording
35-33-6-3. Placement of Information Before Law Enforcement Officer; Presumption
35-33-6-4. Civil or Criminal Actions; Exclusion of Lawful Detention; Burden of Proof
35-33-6-5. Reliance on Information From Employee; Probable Cause
35-33-6-6. Reliance on Information From Employee of Motion Picture Exhibition Facility