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  • May be a stupid question but....

    Does anyone know where I can get a list of misdemeanor exceptions?

  • #2
    Yeah, K9crazy will hook you right up..

    1. Hit and Run under I.C. 9-26-1
    2. D.U.I. when an accident is involved
    3. Battery resulting in bodily injury
    4. invasion of privacy
    5. stalking
    6. carrying a handgun without a license
    7. possession of a counterfit handgun license..

    There ya go..
    "If you find yourself in a fair fight, your tactics suck"

    Comment


    • #3
      IC 35-33-1-1
      Law enforcement officer; federal enforcement officer
      Sec. 1. (a) A law enforcement officer may arrest a person when the officer has:
      (1) a warrant commanding that the person be arrested;
      (2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;
      (3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
      (4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
      (5) probable cause to believe the person has committed a:
      (A) battery resulting in bodily injury under IC 35-42-2-1; or
      (B) domestic battery under IC 35-42-2-1.3.
      The officer may use an affidavit executed by an individual alleged to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;
      (6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy);
      (7) probable cause to believe that the person violated IC 35-47-2-1 (carrying a handgun without a license) or IC 35-47-2-22 (counterfeit handgun license);
      (8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;
      (9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device); or
      (10) probable cause to believe that the person is:
      (A) violating or has violated IC 35-45-2-5 (interference with the reporting of a crime); and
      (B) interfering with or preventing the reporting of a crime involving domestic or family violence (as defined in IC 34-6-2-34.5).
      (b) A person who:
      (1) is employed full time as a federal enforcement officer;
      (2) is empowered to effect an arrest with or without warrant for a violation of the United States Code; and
      (3) is authorized to carry firearms in the performance of the person's duties;
      may act as an officer for the arrest of offenders against the laws of this state where the person reasonably believes that a felony has been

      or is about to be committed or attempted in the person's presence.

      Comment


      • #4
        I have never heard of the misdeamenor exclusionary rule to include Interference with a crime..

        Not saying you cant, but I got the list I posted from the updated pre-basic power point.. I never heard of the dangerous device code either..

        Maybe I need some tuning up!!!!!

        After reading the code that you post smiley, Im confused..

        Since when can a federal officer enforce the state laws of Indiana, if there not a felony??

        Some of the laws in the set of code are misd. and specific to the state of Indiana.
        Last edited by K9krazy21; 11-02-2009, 02:58 PM.
        "If you find yourself in a fair fight, your tactics suck"

        Comment


        • #5
          Further, the OWI isn't just when an accident is involved. It's any violation of any provision of 9-30-5.
          Last edited by PtlCop; 11-02-2009, 05:23 PM.
          Originally posted by K40
          To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
          ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

          Comment


          • #6
            Originally posted by adeckard View Post
            Does anyone know where I can get a list of misdemeanor exceptions?
            As silly as it sounds,I downloaded the "pre basic" course off the ILEA website. Probably once a year I will run through it. While the thing is kind of silly and does have (IMO) some outdated and wrong information, I think it is handy to go over every so often.
            "Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

            Comment


            • #7
              Defender77 must be out sick this week.
              Sworn on September 22, 2010

              Comment


              • #8
                Originally posted by K9krazy21 View Post
                I have never heard of the misdeamenor exclusionary rule to include Interference with a crime..

                Not saying you cant, but I got the list I posted from the updated pre-basic power point.. I never heard of the dangerous device code either..

                Maybe I need some tuning up!!!!!

                After reading the code that you post smiley, Im confused..

                Since when can a federal officer enforce the state laws of Indiana, if there not a felony??

                Some of the laws in the set of code are misd. and specific to the state of Indiana.
                Look up IC 35-33-1 at IN.gov (or just refer to inspectorsmiley's post). That chapter explains arrest under Indiana statute.

                In addition to what inspectorsmiley put in bold, also recognize that 35-33-1-1 Sec. 1.(a)(3) refers to failure of duty/hit and run laws.

                Feds can't enforce Indiana midemeanor laws. 35-33-1-1 Sec.1.(b) explains what they can do.

                The pre-basic powerpoints need a tune-up.

                Be safe out there.

                Comment


                • #9
                  hmm, interesting thread......
                  "If you find yourself in a fair fight, your tactics suck"

                  Comment


                  • #10
                    I have never heard of the misdeamenor exclusionary rule to include Interference with a crime..
                    I've arrested on this one many times. A lot of times on domestics one of the parties will hang up the phone, throw the phone, or break it when the other is calling 9-1-1. It's an easy one to add to the list so the prosecutor can plea everything down to provocation

                    Comment


                    • #11
                      Originally posted by inspectorsmiley View Post
                      IC 35-33-1-1
                      Law enforcement officer; federal enforcement officer
                      Sec. 1. (a) A law enforcement officer may arrest a person when the officer has:
                      (1) a warrant commanding that the person be arrested;
                      (2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;
                      (3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
                      (4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
                      (5) probable cause to believe the person has committed a:
                      (A) battery resulting in bodily injury under IC 35-42-2-1; or
                      (B) domestic battery under IC 35-42-2-1.3.
                      The officer may use an affidavit executed by an individual alleged to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;
                      (6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy);
                      (7) probable cause to believe that the person violated IC 35-47-2-1 (carrying a handgun without a license) or IC 35-47-2-22 (counterfeit handgun license);
                      (8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;
                      (9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device); or
                      (10) probable cause to believe that the person is:
                      (A) violating or has violated IC 35-45-2-5 (interference with the reporting of a crime); and
                      (B) interfering with or preventing the reporting of a crime involving domestic or family violence (as defined in IC 34-6-2-34.5).
                      (b) A person who:
                      (1) is employed full time as a federal enforcement officer;
                      (2) is empowered to effect an arrest with or without warrant for a violation of the United States Code; and
                      (3) is authorized to carry firearms in the performance of the person's duties;
                      may act as an officer for the arrest of offenders against the laws of this state where the person reasonably believes that a felony has been

                      or is about to be committed or attempted in the person's presence.
                      You left out the most important one
                      (4) Really ****ing off the arresting Officer

                      502
                      Retired Lawdawg & Proud IMPD Papa!




                      "Justice is the one thing you should always find"
                      Toby Keith

                      Comment


                      • #12
                        Smiley, I have never arrested for that alone.. I have always added that to the charges I arrested for or sent over to the prosecutor's officer.


                        It wouldn't fly with my prosecutor at all to arrest just for that.
                        "If you find yourself in a fair fight, your tactics suck"

                        Comment


                        • #13
                          Originally posted by inspectorsmiley View Post
                          I've arrested on this one many times. A lot of times on domestics one of the parties will hang up the phone, throw the phone, or break it when the other is calling 9-1-1. It's an easy one to add to the list so the prosecutor can plea everything down to provocation
                          Absolutely! It's only common sense that interfering would be included on the list of misdemeanor exclusions.
                          Originally posted by K40
                          To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
                          ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

                          Comment


                          • #14
                            Originally posted by K9krazy21 View Post
                            Smiley, I have never arrested for that alone.. I have always added that to the charges I arrested for or sent over to the prosecutor's officer.


                            It wouldn't fly with my prosecutor at all to arrest just for that.
                            How could it not fly? You can arrest for it and it alone. Go to a 2-day workshop on domestic violence that the Training Project on Family Violence puts on and they HARP on this charge.
                            Last edited by towncop; 11-03-2009, 03:19 PM.
                            Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

                            * "Preach always, if necessary, use words!" St Francis of Assisi

                            * Luke Chapter 6, Verses 27-36

                            Comment


                            • #15
                              If it's not a crime it's not a misdemeanor.
                              Last edited by Monty Ealerman; 11-03-2009, 03:36 PM.

                              Comment

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