Indiana

(information last updated Fall 2017)

Ongoing Projects:

State Project:

The state Department of Environmental Management has been tasked with creating a volunteer water quality monitoring program.  See infra “Use of Information” (Ind. Code § 14-25-7-12.5).

Collection of Information:

Trespass-like Law:

“A person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits [an offense].”  Ind. Code § 35-46-8.5-1.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No. An element of trespass is that the intruder be “denied entry” by the owner.  Ind. Code § 35-43-2-2(b)(1). A person may be “denied entry” by notice against trespassing that is either posted or personally communicated.   Ind. Code § 35-43-2-2(c)(2).

Other Provisions:

Trespass committed on “a scientific research facility, on a key facility, [or] on a facility belonging to a public utility” is a felony.  Ind. Code § 35-43-2-2. “Key facility” is not defined.

 

“A person who:

    (5) not having a contractual interest in the property, knowingly or intentionally enters the:

        (A) property of an agricultural operation that is used for the production, processing, propagation, packaging, cultivation, harvesting, care, management, or storage of an animal, plant, or other agricultural product, including any pasturage or land used for timber management, without the consent of the owner of the agricultural operation or an authorized person;

commits criminal trespass.”  Ind. Code § 35-43-2-2.

 

See supra “Collection of Information.”

Stalking Laws:

Criminal Law:

“A person who stalks another person commits stalking, a Class D felony.”  Ind. Code § 35-45-10-5.

 

“As used in this chapter, ‘stalk’ means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened.  The term does not include statutorily or constitutionally protected activity.”  Ind. Code § 35-45-10-1.

Use of Information:

Although our research is incomplete, these provisions could be construed to allow the use of information collected by citizens:

Explicitly Allow:

The state Department of Environmental Management “shall . . . establish a program under which volunteers may monitor the water resource and provide monitoring data[.]”  Ind. Code § 14-25-7-12.5.  Data collected through the program may be “collected and disseminated by the commission . . . and . . . used by the commission in conducting the continuing assessment of the availability of the water resource[.]”  Id.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “there is good ground to support” the claim.  Ind. R. Trial P. 11.

Authentication or Chain of Custody:

 

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”  Ind. R. Evid. 901.

Expert Testimony:

Daubert standard is instructive but not controlling.  See Turner v. State, 953 N.E.2d 1039, 1050 (Ind. 2011).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.