Title 19 — CRIMINAL PROCEDURE

19-621. Authority to establish road blocks. The duly elected or appointed sheriffs, state policemen or policemen of cities of the first or second class of the state of Idaho are hereby authorized to establish, in their respective or adjacent jurisdictions, temporary road blocks u…

19-622. Minimum requirements. For the purpose of warning and protecting the traveling public, the minimum requirements to be met by such officers establishing temporary road blocks, if time and circumstances allow, are: 1. The temporary road block must be established at a point o…

19-623. Penalty. Any person who shall proceed or travel through a road block without subjecting himself to the traffic control so established shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $300.00, or by imprisonment in the county jail for not …

19-624. Arrest with certified copy of warrant. Any arrest that may be lawfully made with an original warrant, may be made with a copy thereof, certified by the issuing magistrate to be a true and correct copy of the original warrant that is in his possession.

19-625. Detention for obtaining evidence of identifying physical characteristics. (1) A peace officer who is engaged, within the scope of his authority, in the investigation of an alleged criminal offense which is a felony may make written application upon oath or affirmation to …

19-701. Officer of another state entering state in fresh pursuit of suspected felon. Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit and continues within this state in such fresh pu…

19-701A. Officer of this state in fresh pursuit of suspected felon. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state or has committed, or attempted to commit, any criminal offense or traffic in…

19-702. Person arrested to be taken before magistrate — Extradition or discharge. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 1 of this act he shall without unnecessary delay take the person arrested before a magi…

19-703. Construction of section. Section 1 of this act shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

19-704. District of Columbia included. For the purpose of this act the word "state" shall include the District of Columbia.

19-705. "Fresh pursuit" defined. The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include t…

19-706. Certification of act to other states. Upon the passage and approval by the governor of this act, it shall be the duty of the secretary of state (or other officer) to certify a copy of this act to the executive department of each of the states of the United States.

19-707. Short title. This act may be cited as the "Uniform Act on Fresh Pursuit."

19-801. Accused to be informed of charge — Right to counsel. When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him,…

19-802. Sending for counsel. He must also allow the defendant a reasonable time to send for counsel, and postpone the examination for that purpose, and must upon the request of the defendant, require a peace officer to take a message to any counsel in the township or city the def…

19-804. Preliminary examination. The magistrate shall conduct a preliminary examination unless the same is waived by the defendant. At such preliminary examination, the magistrate shall first read the complaint to the defendant unless the defendant waives such reading, and it sha…

19-805. Commitment or bail on postponement. If a postponement is had the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money as provided in this code, as security for his appearance at the time to which t…

19-806. Form of commitment. The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: "The within named A.B. having been brought before me under this warrant, is committed for examination to the sheriff o…

19-807. Issuance of subpoenas for witnesses. The magistrate shall, prior to the preliminary examination, issue subpoenas, subscribed by him, for witnesses required by the prosecution who are in the state, and for witnesses required by the defendant who are in the state.

19-808. Examination of witnesses for state. The witnesses for the prosecution must be examined under oath in the presence of the defendant, and may be cross-examined in his behalf.

19-809. Examination of witnesses for defendant. When the examination of witnesses on the part of the people is closed, the defendant may produce any material witnesses, which witnesses must be sworn, examined and cross-examined in the presence of the defendant.

19-809A. Child’s out of court statements admissible in preliminary examinations. Notwithstanding the provisions of sections 19-808 and 19-809, Idaho Code, and any rules promulgated by the Idaho supreme court, in any preliminary examination, the magistrate shall receive into evide…

19-810. Exclusion of witnesses. While a witness is under examination the magistrate must, upon motion of either of the parties, exclude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each oth…

19-811. Exclusion of other persons. The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the prosecuting attorney of the county, the defendant and his counsel…

19-812. Transcript of preliminary examination. In all cases which must afterward be investigated by the grand jury, or prosecuted by information, the preliminary examination must be taken and as ordered by the district court duly transcribed, unless the person charged with the of…

19-813. Custody of transcript of preliminary examination. The magistrate must keep the depositions of witnesses or transcript of preliminary examination taken at such preliminary examination until the same is returned to the proper court; and such magistrate must not permit the s…

19-814. Discharge of defendant. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate m…

19-815. Holding defendant to answer. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds that a public offense has been committed, and that there is probable or sufficient cause to believe the defendant guilty thereof, the magistrate shall …

19-815A. Challenging sufficiency of evidence of preliminary examination. A defendant once held to answer to a criminal charge under this chapter may challenge the sufficiency of evidence educed at the preliminary examination by a motion to dismiss the commitment, signed by the ma…

19-816. Offenses not bailable — Endorsement on commitment. If the offense is not bailable the following words must be added to the commitment required by section 19-818: "and he is hereby committed to the sheriff of the county of ….."

19-817. Bailable offenses — Order admitting to bail. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to commitment required by section 19-818: "And that he is admitted to bail in the sum of …. dollars, and is committed to the s…

19-818. Order of commitment. If the magistrate order the defendant to be committed he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace off…

19-819. Form of commitment. The commitment must be to the following effect: County of (as the case may be). The state of Idaho to the sheriff of the county of ….: An order having been this day made by me, that A.B. be held to answer upon a charge of (stating briefly the nature of…

19-820. Undertaking of witnesses to appear. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking to the effect that he will appear and testify at the court to which the …

19-821. Security for appearance. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to e…

19-822. Security for appearance — Infants and married women. Infants and married women who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.

19-823. Commitment for failure to give security. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legall…

19-824. Conditional examination. When, however, it satisfactorily appears by examination on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by qu…

19-825. Return of papers to district court. When a magistrate has held a defendant to answer for the commission of a public offense, he must, without unnecessary delay and after the transcript of preliminary examination has been transcribed or the depositions of witnesses have be…

19-901. Indictment or information. All public offenses triable in the district court must be prosecuted by indictment, or information, except as provided in the next section.

19-902. Mode of prosecution for removal of officers. When the proceedings are had for the removal of district, county, municipal or precinct officers they may be commenced by an accusation or information, in writing, as provided in chapter 41 of this title.

19-903. Indictments and accusations — Where found. All accusations against district, county, municipal and precinct officers, and all indictments, must be found in the district court.

19-1001. Challenge — By whom made. The people, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual juror.

19-1002. Grounds for challenge to panel. A challenge to the panel may be interposed for one or more of the following causes only: 1. That the requisite number of ballots was not drawn from the jury box of the county. 2. That notice of the drawing of the grand jury was not given. …

19-1003. Grounds for challenge to individual jurors. A challenge to an individual grand juror may be interposed for one or more of the following causes: 1. That he is a minor. 2. That he is an alien. 3. That he is insane. 4. That he is a prosecutor upon a charge against the defen…

19-1004. Form of challenge. The challenges mentioned in the last three sections may be oral, or in writing, and must be tried by the court.

19-1005. Decision upon challenge. The court must allow or disallow the challenge, and the clerk must enter its decisions upon the minutes.

19-1006. Challenge to panel — Effect of allowance. If a challenge to the panel is allowed the grand jury are prohibited from inquiring into the charge against the defendant, by whom the challenge was interposed. If, notwithstanding, they do so, and find an indictment against him,…

19-1007. Challenge to individual — Effect of allowance. If a challenge to an individual grand juror is allowed he can not be present or take part in the consideration of the charge as to which he was challenged against the defendant who interposed the challenge, or the deliberati…

19-1008. Manner of filling panel after sustaining challenge. If more than three challenges to individual grand jurors are allowed to the same defendant in reference to the same charge, the court must fill the panel to sixteen as to that charge by causing a sufficient number of co…