Title 19, CRIMINAL PROCEDURE

19-315. Conviction or acquittal in another state. When an act charged as a public offense, is within the venue of another state, territory, or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in …

19-316. Conviction or acquittal in another county. When an offense is within the venue of two (2) or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.

19-401. No statute of limitations for certain felonies. Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced: (1) Murder; (2) Voluntary manslaughter; (3) Rape pursuant to section 18-6101(3…

19-402. Commencement of prosecutions for felonies. A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission, provided however,…

19-403. Misdemeanors. (1) Except as otherwise provided in this section, a prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission. (2) A prosecution for failure to report or failure …

19-404. Absence of defendant from state. If, when the offense is committed, the defendant is out of the state, the indictment may be found within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually …

19-405. Indictment — When deemed found. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

19-406. Commencement of prosecutions for sexual exploitation by medical care provider. A prosecution for sexual exploitation by a medical care provider under section 18-919, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within two (2…

19-501. Definition of complaint. The complaint is the allegation in writing, made to a magistrate, that a person has been guilty of some designated public offense.

19-502. Definition of magistrate. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

19-503. Who are magistrates. The following persons are magistrates: (1) The justices of the supreme court. (2) The judges of the court of appeals. (3) The district judges. (4) Magistrates of the district court.

19-504. Person lodging complaint. When a complaint which has been subscribed to under oath by the party or parties lodging the same is laid before a magistrate alleging facts constituting the commission of a public offense, triable within the county, and the magistrate finds that…

19-505. Contents of complaint. The complaint must set forth the facts stated by the complaining witness, tending to establish the commission of the public offense and the guilt of the defendant.

19-506. When warrant may issue. A magistrate may issue a warrant for the arrest of the defendant only after making a determination that there is probable cause to believe that an offense has been committed and that the defendant committed it.

19-507. Form of warrant. A warrant of arrest is an order in writing, in the name of the state of Idaho, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form: County of …., state of Idaho. To any sheriff, constable, marshal…

19-508. Additional requirements of warrant. The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued…

19-509. To whom warrant directed. The warrant must be directed to and executed by a peace officer.

19-510. Peace officers enumerated. A peace officer is a sheriff of a county, or a constable, marshal, or policeman of a city or town.

19-510A. Peace officers’ powers to employees of the state board of correction. All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have all the authority given by statute to peace…

19-511. Railroad and steamboat police. The governor of the state of Idaho is authorized and empowered, upon the application of any railroad or steamboat company to appoint and commission during his pleasure any person designated by such company to serve at the expense of such com…

19-512. Direction to officers throughout state. If a warrant is issued by a magistrate, it may be directed generally to any sheriff, constable, marshal or policeman in the state, and may be executed by any of those officers to whom it may be delivered.

19-514. Defendant to be taken before magistrate. If the offense charged is a felony, the officer making the arrest must cause the defendant to be taken before the magistrate who issued the warrant, or in the case of his absence or inability to act, before the nearest or most acce…

19-515. No unnecessary delay — Attorney may visit defendant. The defendant must in all cases be taken before the magistrate without unnecessary delay, and any attorney at law entitled to practice in courts of record of the state of Idaho may, at the request of the prisoner after …

19-516. Complaint to be transmitted to magistrate. If the defendant is brought before a magistrate other than the one who issued the warrant, the complaint upon which the warrant was issued must be sent to that magistrate, or, if such complaint can not be procured, the complainin…

19-517. Offenses triable in another county — Proceedings. When a complaint is laid before a magistrate of the commission of a public offense, triable in another county of the state, but showing that defendant is in the county where the complaint is laid, the same proceedings must…

19-518. Duties of officer. The officer who executes the warrant must take the defendant before the magistrate most accessible to the witnesses for the prosecution, but in the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his r…

19-519. Notice of defense of alibi. (1) At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting …

19-601. Arrest defined. An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

19-602. Arrest, how made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.

19-603. When peace officer may arrest. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, alth…

19-604. When private person may arrest. A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has r…

19-605. Magistrate may order arrest. A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate.

19-606. Person arresting may summon assistance. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.

19-607. When arrest may be made upon a warrant. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If the offense charged is a misdemeanor, the arrest shall not be made inside a person’s residence between 8:00 p.m. and 8:00…

19-608. Information to person arrested. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of, or …

19-609. Warrant must be shown. If the person making the arrest is acting under the authority of a warrant, he must show the warrant, if required.

19-610. What force may be used. When the arrest is being made by an officer under the authority of a warrant or when the arrest is being made without a warrant but is supported by probable cause to believe that the person has committed an offense, after information of the intenti…

19-611. Breaking doors and windows. To make an arrest, if the offense is a felony, a private person, if any public offense, a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which there is reasonable ground for believing …

19-612. Force for purpose of liberation. Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself, and an officer may do the same when neces…

19-613. Weapons may be taken. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken.

19-614. Duty of private person making arrest. A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer.

19-615. Procedure upon arrest without warrant. When an arrest is made without a warrant by a peace officer or private person the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, a…

19-616. telecommunication of warrant for service. A warrant of arrest may be sent by telecommunication process or facsimile process to one (1) or more peace officers and a copy of a warrant sent in such manner is as effectual in the hands of any officer, and he must proceed in th…

19-618. Recapture after escape. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the state.

19-619. Breaking doors and windows for recapture. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling-house, if, after notice of his intention, he is refused admittance.

19-620. Definition. For the purpose of this act, a "temporary road block" means any structure, device or means used by duly authorized law enforcement officers of the state of Idaho and of its political subdivisions for the purpose of controlling all traffic through a point on a …