(a) An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the store and who has probable cause to believe that a specific person has committed or is committing the theft:(1) may:(A) detain the person and request the person to identify himself or herself;(B) verify the identification;(C) determine whether the person has in the person's possession unpurchased merchandise taken from the store;(D) inform the appropriate law enforcement officers; and(E) inform the person's parents or others interested in the person's welfare that the person has been detained; but(2) shall not ask the person to make a statement that acknowledges that the person committed the theft or conversion or waives any of the person's legal rights if:(A) the person is less than eighteen (18) years of age; and(B) the person has not been afforded an opportunity to have a meaningful consultation with his or her parent, guardian, custodian, or guardian ad litem.(b) A statement acknowledging that a child committed theft or conversion in violation of subdivision (a)(2) cannot be admitted as evidence against the child on the issue of whether the child ad litem.(b) A statement acknowledging that a child committed theft or conversion in violation of subdivision (a)(2) cannot be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.(c) The detention must:(1) be reasonable and last only for a reasonable time; and(2) not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever first occurs.As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.11; P.L.77-2009, SEC.6.
Indiana Legal Code