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2025 Op. Ind. Att'y Gen. 1 (2025)

handle is hein.sag/sagin0149 and id is 1 raw text is: OFFICE OF THE ATTORNEY GENERAL 302 W WASHINGTON Sr. IGCS 5TH FLOOR SLTVE OF INDIIANA INDIANAPO)Ls, IN 46204-2770 TODD ROKITA ATTORNEY GENERAL June 11, 2025 OFFICIAL OPINION 2025-1 Jeff Chalfant, Prosecutor, Jackson County Jackson County Prosecutor's Office 109 S. Sugar Street, Ste. 220 Brownstown, Indiana 47220 RE: Arrest and detention of individuals driving without a license Dear Prosecutor Chalfant: You requested an opinion from the Office of the Indiana Attorney General (OAG) regarding the detention of individuals arrested for driving without a license. QUESTION PRESENTED Can law enforcement officers arrest an individual for driving without a license and process the person at a county jail? BRIEF ANSWER Yes, a law enforcement officer (LEO) may arrest an individual who commits the misdemeanor offense of driving without a license and detain the individual for long enough to process the individual at a county jail. Ind. Code § 9-24-18-1. Although ordinarily a person who is arrested for a misdemeanor regulating the use and operation of motor vehicles must be released from custody pursuant to Indiana Code § 9-30-2-5 if the person signs a written promise to appear in court and provides certain documentation and identifying information to the arresting officer, that release provision does not apply to the offense of driving without a license.' Indiana law requires that the written promise to appear in court include the number of the person's license to operate a motor vehicle. See Ind. Code § 9-30-2-5(c). A person who is arrested for driving without a valid license cannot, by definition, satisfy the requirements of the release provision, and therefore is not entitled to be released. Further, the Fourth Amendment in no way prohibits law enforcement 1 For non-residents, a security deposit is also required for release under Ind. Code § 9-30-2-5. The security deposit is generally equal to the amount of the fines and costs for the offense and must be accompanied by the same information as the promise to appear. 1