Sec. 3. (a) An individual holding a permit or driver's license issued under this article must have the permit or driver's license in the individual's immediate possession when driving or operating a motor vehicle. The individual shall display the driver's license or permit upon demand of a court or a police officer authorized by law to enforce motor vehicle rules.
(b) If the permit or driver's license is a mobile credential viewed on a telecommunications device, a court or a police officer authorized by law to enforce motor vehicle rules may not, without the consent of the person:
(1) confiscate a telecommunications device for the purpose of determining compliance with this section;
(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or
(3) extract or otherwise download information from a telecommunications device for a violation of this section unless:
(A) the court or police officer has probable cause to believe the telecommunications device has been used in the commission of a crime;
(B) the information is extracted or otherwise downloaded under a valid search warrant; or
(C) otherwise authorized by law.
(c) The display of a mobile credential shall not serve as consent or authorization for the court, a police officer, or any other person to search, view, or access any data or application on the telecommunications device other than the mobile credential. If a person presents the person's telecommunications device to the court, a police officer, or any other person for the purposes of displaying the person's mobile credential, the court, police officer, or person viewing the mobile credential shall not handle the telecommunications device in order to view the mobile credential and to verify the identity of the person.
(d) Notwithstanding the July 1, 2021, effective date in HEA 1506-2019, SECTION 53 (P.L.178-2019), this section takes effect July 1, 2020 (rather than July 1, 2021).
[Pre-1991 Recodification Citation: 9-1-4-40(b).]
As added by P.L.2-1991, SEC.12. Amended by P.L.198-2016, SEC.501; P.L.178-2019, SEC.53; P.L.120-2020, SEC.31.
Structure Indiana Code