Being Wrongfully Arrested in Indiana
I was arrested without cause — here's what Indiana law says and what to do next.
Statute: Ind. Code § 34-13-3 (Indiana Tort Claims Act)
Deadline: 270 days
Penalty: Section 1983 claims have a 2-year statute of limitations in Indiana. A tort claim notice must be filed within 270 days under the Indiana Tort Claims Act. State liability is capped at $700,000 per person / $5,000,000 per occurrence
What is being wrongfully arrested?
Police can't arrest you without probable cause — a fact-based reasonable belief that you've committed a crime. An arrest without it is a false arrest and a Fourth Amendment violation. The standard is lower than "beyond reasonable doubt" but higher than a hunch — it's what a reasonable officer, looking at the same facts, would conclude.
Below the arrest line is the Terry stop — a brief investigative detention, named after Terry v. Ohio (1968), that requires only reasonable suspicion of criminal activity. Police can stop and ask questions, and pat you down for weapons if they reasonably believe you're armed and dangerous. They can't stop you just because you "look suspicious," because of your race, or because you refused to answer questions on the street.
What to Do If You Were Arrested Without Probable Cause
Step 1: Find out where you stand. "Am I free to leave?" If no, you're detained. "Am I under arrest?" These two questions clarify the legal posture and create a record on body cam.
Step 2: Don't physically resist. Comply with the body, but say it on the record: "I do not consent to this arrest."
Step 3: Ask the basis. "What is the probable cause for my arrest?" The officer should be able to point to a specific crime. The answer (or lack of one) becomes evidence.
Step 4: Watch the clock. A Terry stop is supposed to be brief — typically 20–30 minutes max. Hold you longer without an arrest, and the stop has likely ripened into an unlawful seizure.
Step 5: After release, document. Names, badge numbers, exact times, witnesses, anything said. File internal affairs and DOJ complaints, and call a civil rights attorney while the details are fresh. § 1983 has a state-borrowed limitations period — often two or three years — but earlier is always better.
How Indiana differs from federal law
Indiana provides remedies for false arrest under state law and federal civil rights law:
- False arrest (false imprisonment) is a recognized tort in Indiana
- Officers must have probable cause or a valid warrant to make an arrest
- IN law permits warrantless arrests for felonies and for misdemeanors committed in the officer's presence (IC § 35-33-1-1)
- Victims can sue under Indiana common law for false imprisonment and under 42 U.S.C. § 1983
- The Indiana Tort Claims Act (IC § 34-13-3) governs claims against government entities with a cap on damages
- Indiana has a 2-year statute of limitations for personal injury claims, including false arrest
Additional steps in Indiana
Document everything about the arrest: time, location, officers, witnesses. File a complaint with the agency's internal affairs. Consult an Indiana civil rights or criminal defense attorney. The Indiana State Bar Association is at (317) 639-5465. The tort claims notice must be filed within 180 days under the Indiana Tort Claims Act.
What you should NOT do
Don't run. Even from an unlawful stop, running becomes evidence of consciousness of guilt and triggers extra charges. The Supreme Court in Illinois v. Wardlow (2000) held that flight in a high-crime area can itself be reasonable suspicion.
Don't lie. Silence is your right. False statements to officers — fake name, fake address — are separate misdemeanors or felonies in most states.
Don't argue the law on the street. The officer doesn't decide who's right and the sidewalk is the worst possible courtroom. Save it for your lawyer.
Don't assume you have no proof. Body cams, dash cams, business surveillance, neighborhood Ring cameras, bystander phones. Records often surface late but they surface.
Don't wait — the clock is ticking.
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Generate your police complaint →This page is general legal information for Indiana, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Indiana.