Legal Question in Criminal Law in Indiana

Broken into cars

I live in a area where cars though out the area have been broken into. My question is if I see someone breaking into my car do i have the right to stop that person, Can i hold them at gun point till the police show up? Even with the gun unloaded? If not what am i suppose to do to stop them from doing it and raising my car insurance.


Asked on 3/14/07, 9:19 am

1 Answer from Attorneys

Daniel Hancock Hancock Law Office

Re: Broken into cars

You can make an arrest.

35-33-1-4 Sec. 4.

(a) Any person may arrest any other person if:

(1) the other person committed a felony in his presence;

(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or

(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.

(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.

(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.

As to how you do it, I'd be very careful. You are probably better off getting a description and calling the police.

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Answered on 3/14/07, 12:03 pm


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