Title 19 — CRIMINAL PROCEDURE

19-4217. Injunctive relief available to prisoners and other institutionalized persons in conditions of confinement cases. (1) If the court finds that a prisoner’s or other institutionalized person’s constitutional rights have been violated involving conditions of confinement, the…

19-4218. Termination of injunctive relief order or decree in conditions of confinement cases. In any civil action with respect to conditions of confinement in which prospective relief is ordered or obtained pursuant to consent decree, the relief order or decree shall be terminate…

19-4219. Immediate termination of order or decree for prospective relief in conditions of confinement cases. (1) In any civil action with respect to conditions of confinement, the administrator of the institution, or of the state, local or private correctional facility, or interv…

19-4220. Settlements and consent decrees in conditions of confinement cases. (1) In any civil action with respect to conditions of confinement, the court shall not enter or approve a settlement or consent decree unless it complies with the limitations on relief set forth in secti…

19-4221. Successive claims. In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding if the prisoner has, on two (2) or more prior occasions, while incarcerated or detained in any state, local or private correctional facility, brought…

19-4222. Prior showing of physical injury or mental illness required. No civil action may be brought by a prisoner confined in a state, local or private correctional facility for mental or emotional injury suffered while in custody without a prior showing of either: (1) Physical …

19-4223. Right of access to court not expanded. Nothing in this chapter shall be construed to expand the right of access to courts for institutionalized persons under federal or state law.

19-4224. Exclusive remedy. This chapter sets forth the exclusive procedures and remedies in habeas corpus actions.

19-4225. Liberty interest not created. Nothing in this chapter shall be construed to create a liberty interest.

19-4226. Severability. The provisions of this act are declared to be severable and if any provision of this act or the application of a provision to any person or circumstance is declared invalid for any reason, the declaration shall not affect the validity of the remaining porti…

19-4301. County coroner to investigate deaths. (1) When a county coroner is informed that a person has died, the county coroner shall investigate that death if: (a) The death is a suspected homicide, suicide, or occurring under suspicious or unknown circumstances; (b) The death a…

19-4301A. Deaths to be reported to law enforcement officials and coroner. (1) Where any death occurs which would be subject to investigation by the coroner under section 19-4301(1), Idaho Code, the person who finds or has custody of the body shall promptly notify either the coron…

19-4301B. Performance of autopsies. (1) The coroner may, in the performance of his duties under this chapter, summon a forensic pathologist authorized to practice medicine and surgery in the state of Idaho to inspect the body and give a professional opinion as to the cause of dea…

19-4301C. Release of body. Where a body is held for investigation or autopsy under this act the coroner shall, if requested by next of kin, release the body for funeral preparation not later than 24 hours after death or discovery of the body, whichever is later. Any district judg…

19-4301D. Coroner to make reports. When the cause and manner of death is established under the provisions of this chapter the coroner shall make and file a written report of the material facts concerning the cause and manner of death in the office of the clerk of the district cou…

19-4302. Jurors to be sworn. When six (6) or more of the jurors attend, they must be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death, and to render a true verdict thereon, …

19-4303. Examination of witnesses. Coroners may issue subpoenas for witnesses, returnable forthwith, or at such time and place as they may appoint, which may be served by any competent person. They must summon and examine as witnesses every person who, in their opinion, or that o…

19-4304. Compelling attendance of witnesses. A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, in like manner as upon a subpoena issued by a magistrate judge.

19-4305. Verdict of jury. After hearing the testimony, the jury must render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, …

19-4306. Reduction of testimony to writing. The testimony of the witnesses examined before the coroner’s jury must be reduced to writing by the coroner, or under his direction, and forthwith filed by him with the inquisition, in the office of the clerk of the district court of th…

19-4307. Transmission of testimony to magistrate. If, however, the person charged with the commission of the offense is arrested before the inquisition can be filed, the coroner must deliver the same, with the testimony taken, to the magistrate before whom such person may be brou…

19-4308. Warrant for arrest of accused. If the jury find that the person was killed by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by th…

19-4309. Form of warrant. The coroner’s warrant must be in substantially the following form: County of ….. The state of Idaho, to any sheriff, constable, marshal, or policeman in this state: An inquisition having been this day found by a coroner’s jury before me, stating that A.B…

19-4310. Service of warrant. The coroner’s warrant may be served in any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information before a magistrate; when served in another county it need not be indorsed by a magistra…

19-4401. Search warrant defined. A search warrant is an order in writing, in the name of the state of Idaho, signed by a magistrate, judge or justice directed to an officer or officers named therein, or other officer authorized by law to execute search warrants directing the offi…

19-4402. Use of search warrant. (1) A search warrant may be issued to search for and seize: 1. Any property or intangible that constitutes evidence of a criminal offense. 2. Contraband, the fruits of crime, or things otherwise criminally possessed. 3. Weapons or other things by m…

19-4403. Affidavit of probable cause. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.

19-4404. Oral affidavit — Telephonic affidavit — Procedures. In lieu of a written affidavit, the magistrate may take an oral statement under oath which shall be recorded and transcribed. The judge is authorized to administer an oath or affirmation by telephone, and to take testim…

19-4406. Issuance of warrant. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his …

19-4407. Form of warrant. The warrant must be in substantially the following form: County of….. The state of Idaho to any sheriff, constable, marshal, or policeman in the county of….: Proof, by affidavit, having been this day made before me by (naming every person whose affidavit…

19-4408. Service of warrant. A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it. Service of a warrant may be made by the officers mentioned in its directions in p…

19-4409. Service of warrant — Breaking open doors. The officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

19-4410. Breaking doors to liberate officer or assistant. He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own libe…

19-4411. Service of warrant at night. The magistrate must insert a direction in the warrant that it be served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be s…

19-4412. Time for executing warrant. A search warrant must be executed and returned to the magistrate who issued it, within fourteen (14) days after its date; after the expiration of this time the warrant, unless executed, is void.

19-4413. Receipt for property taken. When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he m…

19-4414. Disposition of property. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 19-3801—19-3806 inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisi…

19-4415. Return of warrant. The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if t…

19-4416. Copy of inventory. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

19-4417. Contest of warrant. If the grounds on which the warrant was issued be controverted, he must proceed to take testimony in relation thereto, and the testimony of each witness must be reduced to writing and authenticated by the magistrate.

19-4418. Restoration of property. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to …

19-4419. Return of papers to court. The magistrate must annex together the depositions, the search warrant and return, and the inventory, and return them to the next term of the court having power to inquire into the offenses in respect to which the search warrant was issued, at …

19-4420. Search of accused person. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or any thing which may be used as evidence of the commission of the offense, the magistrate may direct him to b…

19-4501. Definitions. Where appearing in this chapter: (1) The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state; (2) The term "governor" includes any person performing the functions of governor …

19-4502. Fugitives from justice — Duty of governor. Subject to the provisions of this chapter, and the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to h…

19-4503. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing, alleging, except in cases arising under section 19-4506, Idaho Code, that the accused was present in the demanding state a…

19-4504. Governor may investigate case. When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney-general or any prosecuting officer in this …

19-4506. Extradition of persons not present in demanding state at time of commission of crime. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in se…

19-4507. Issue of governor’s warrant of arrest — Recitals. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to …

19-4508. Manner and place of execution — Facsimile and electronic service. (1) Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peac…