Written orders calling to active duty; discretion in carrying out

Ind. Code § 10-16-7-10, under Chapter 7. Training and Active Duty of National Guard; Benefits of Members.

Ind. Code § 10-16-7-10

orders Sec. 10. An officer whose command is called out under section 9 of this chapter and who is reporting to any civil officer may require the civil officer to make the order in writing and prescribe the outline of the duties required of the officer and the officer's command. The officer may decline to obey the orders until the orders are put in writing. Although the commanding officer must obey all lawful written orders of the civil officer, the military officer may use the officer's discretion as to the manner of carrying out the orders if the officer complies with their spirit. [Pre-2003 Recodification Citation: 10-2-4-7.] As added by P.L.2-2003, SEC.7.

IC 10-16-7-11 Unlawful assembly; command to disperse Sec. 11. (a) Except as provided in subsection (b), before using any military force to disperse an unlawful assembly (as defined in IC 35-45-1-1): (1) the civil officer calling out the military force or a law enforcement officer; or (2) if a civil officer or law enforcement officer is not present, the officer in command of the troops or the officer's designee; shall command the persons comprising the unlawful assembly to disperse and retire peaceably to their homes or businesses. A particular form of words is not required in ordering the dispersion of any unlawful assembly. (b) A person is not required to order an unlawful assembly to disperse if: (1) giving the order to disperse would put the person in imminent danger of loss of life or great bodily harm; or (2) the unlawful assembly is engaged in the commission of any felony or is causing violence to a person or property. [Pre-2003 Recodification Citation: 10-2-4-8.] As added by P.L.2-2003, SEC.7.