Presentation of fraudulent accounts
Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony.
Receiving money or property under false personation
Every person who falsely personates another, and in such assumed character receives any money or property knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or that of another person, or to deprive the owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received.
Drawing check without funds
(a) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make or draw or utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has no funds in or credit with such bank or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.
(b) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make, draw, utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money in the sum of two hundred fifty dollars ($250) or more, or any series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or person, or firm, or corporation, for the full payment of such check, draft or order or series of transactions upon presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both such fine and imprisonment.
(c) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, shall make, draw, utter or deliver, or cause to be made, drawn, uttered, or delivered, any check, draft or order for payment of money, in a sum less than two hundred fifty dollars ($250), which is not part of a series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or firm, or person, or corporation, for the full payment of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction for a first offense be punished by imprisonment in the county jail for a term not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000) or by both such fine and imprisonment; and upon a second conviction the person so convicted shall be punished by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment; provided, however, that upon a third or subsequent conviction, the person so convicted shall be punished by imprisonment in the state prison for a term not exceeding three (3) years, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.
(d) As against the maker or drawer thereof, the making, drawing, uttering or delivering of such check, draft or order as aforesaid shall be prima facie evidence of intent to defraud and of knowledge of no funds or insufficient funds, as the case may be, in or credit with such bank, or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation. This prima facie intent to defraud and knowledge of no funds or insufficient funds, as the case may be, shall not be negated by evidence that the check draft or order was for payment of a preexisting debt, including open accounts. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, or person, or firm, or corporation upon whom such check, draft or order is drawn for the payment of such check, draft or order.
Forgery of a financial transaction card
.Any person who, with intent to defraud, counterfeits, falsely makes, embosses, or encodes magnetically or electronically any FTC, or who with intent to defraud, uses the financial transaction card account number or personal identification code of a card holder in the creation of a fictitious or counterfeit credit card sales draft, signs the name of another, or a fictitious name to an FTC, sales slip, sales draft, credit card sales draft, or any instrument for the payment of money which evidences an FTC transaction, shall be guilty of forgery and shall be punished under the current forgery statutes of the state of Idaho.
Fraudulent use of a financial transaction card or number.
It is a violation of the provisions of this section for any person with the intent to defraud:
(1) To use an FTC or FTC number to knowingly and willfully exceed the actual balance of the demand deposit account or time deposit account;
(2) To use an FTC or FTC number to willfully exceed an authorized credit line in the amount of one thousand dollars ($1,000) or more, or fifty percent (50%) of such authorized credit line, whichever is greater;
(3) To willfully deposit into his account or any other account by means of an automatic banking device, any false, forged, fictitious, altered or counterfeit check draft, money order, or any other such document;
(4) To knowingly sell or attempt to sell credit card sales drafts to an authorized credit card merchant or any other person or organization, for any consideration whether at a discount or otherwise, or present or cause to be presented to the issuer or an authorized credit card merchant, for payment or collection, any credit card sales draft, or purchase or attempt to purchase any credit card sales draft for presentation to the issuer or an authorized credit card merchant for payment or collection if:
(a) Such draft is counterfeit or fictitious;
(b) The purported sale evidenced by such credit card sales draft did not take place;
(c) The purported sale was not authorized by the card holder;
(d) The items or services purported to be sold as evidenced by such credit card sales draft are not delivered or rendered to the card holder or person intended to receive them; or
(e) If purportedly delivered or rendered, such goods or services are of materially lesser value or quality from that intended by the purchaser, or are materially different from goods or services represented by the seller or his agent to the purchaser, or have substantial discrepancies from goods or services impliedly represented by the purchase price when compared with the actual goods or services purportedly delivered or rendered.
(5) To knowingly keep or maintain in any manner carbon or other impressions or copies of credit card sales drafts, and to use such impressions or copies for the purpose of creating any fictitious or counterfeit credit sales draft, or to engage in any other activity prohibited in this section.
Criminal possession of financial transaction card
It is a felony punishable as provided in subsection (3) of section 18-3128, Idaho Code, for any person:
(1) To acquire an FTC or FTC number from another without the consent of the card holder or the issuer, or to, with the knowledge that it has been so acquired, receive an FTC or FTC number with the intent to use to defraud, or to sell, or to transfer the FTC or FTC number to another person with the knowledge that it is to be used to defraud;
(2) To acquire an FTC or FTC number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the card holder, and to retain possession with the intent to use to defraud or to sell or transfer to another person with the knowledge that it is to be used to defraud;
(3) To, with the intent to defraud, knowingly possess a false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC account number;
(4) To, with the intent to defraud, knowingly obtain or attempt to obtain credit or purchase or attempt to purchase any goods, property or service, by use of any false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or FTC account number;
(5) To, with the intent to defraud, knowingly produce to another person or procure, a false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC account number;
(6) To, with the intent to defraud and while making an application for an FTC to an issuer, knowingly make or cause to be made, a false written or oral statement or representation respecting his name, personal identifying information, occupation, financial condition, assets, or to materially undervalue any indebtedness for the purpose of influencing the issuer to issue an FTC.
Every person who, with intent to defraud another, falsely makes, alters, forges or counterfeits, any charter, letters, patent, deed lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, federal reserve note, United States currency or United States money, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any state controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing or acquittance, release, or receipt for money or goods, or any acquittance, release, or discharge for any debt, account, suit action demand, or other thing, real or personal, or any transfer or assurance of money, certificates of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or counterfeits or forges the seal or handwriting of another; or utters, publishes, passes, or attempts to pass, as true and genuine any of the above named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or who, with intent to defraud, alters, corrupts or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court, or the return of any officer to any process of any court, is guilty of forgery.
Every person who, with intent to defraud another, forges, or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this state, or of any other state, or territory, government, or country, or who falsely makes, forges or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and wilfully conceals the same, is guilty of forgery.
Possession of forged notes
Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, or check or checks, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill or check made in the form or similitude of any promissory note or bill or check for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill or check, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.
Fictitious bills, notes, and checks
Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is guilty of forgery and punishable as provided by section 18-3604.
Sale of counterfeit goods
Every person who sells or keeps for sale any goods upon or to which any counterfeited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.
Slugs or counterfeited coins
Any person who, by means of any token, slug, false or counterfeited coin, or by any other means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service, knowingly shall operate or cause to be operated, or shall attempt to operate or attempt to cause to be operated, any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America, or whoever shall take, obtain, accept or receive, from or by means of any such machine, coin-box telephone or other receptacle, any article of value or service or the use or enjoyment of any telephone, telegraph or other facility or service, without depositing in, delivering to and payment into such machine, coin-box telephone or receptacle the amount of lawful coin of the United States of America required therefor by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle, shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than sixty (60) days, or both.
Surrender of Idaho driver's license
Any person whose Idaho driver's license shall have been suspended, canceled or revoked as provided in this chapter, or whose policy of insurance or bond, when required under this chapter, shall have been canceled or terminated, or who shall neglect to furnish other proof upon request of the department, shall immediately return his driver's license to the department. If any person shall fail to return to the department the driver's license as required, the department may direct any peace officer to secure its possession and return the driver's license to the department. At the end of the period of suspension, cancellation or revocation, the driver may apply for a duplicate driver's license, provided that the driver is eligible and has fulfilled all reinstatement requirements.
(1) Any person in whose name more than twenty-five (25) motor vehicles are registered and titled in Idaho, or engaged in the operation of a railroad, street railway system or public utility subject to the regulation of the public utilities commission irrespective of the number of vehicles registered, may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department.
(2) The department may, in its discretion, issue a certificate of self-insurance and certificate of liability insurance in a form as the department prescribes when the department is satisfied that the person is possessed and will continue to be possessed of ability to pay judgments obtained against that person upon application, and providing a statement by a certified public accountant attesting the applicant's net worth is five hundred thousand dollars ($500,000), a list of vehicles and an application fee of seventy dollars ($70.00) which shall be deposited in the state highway account.
(3) The self-insurer will be required to submit an annual financial statement showing net worth of five hundred thousand dollars ($500,000), a list of vehicles and a seventy dollar ($70.00) issue fee to be deposited in the state highway account.
(4) Upon not less than five (5) days' notice and a hearing pursuant to the notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after a judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Obedience to traffic direction.
No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer, fireman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate traffic.
Overtaking and passing school bus
(1) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching the school bus when there is in operation on a school bus the visual signals specified in section 49-915, Idaho Code, and the driver of a vehicle shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. Oncoming traffic on a highway of more than three (3) lanes is not required to stop upon meeting a school bus when visual signals are actuated. Any person found guilty of violating the provisions of this subsection shall be fined an amount of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(2) Every school bus shall be equipped with visual signals meeting the requirements of section 49-915, Idaho Code, which shall be actuated by the driver of the school bus whenever, but only whenever the vehicle is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate the special visual signals:
(a) In business districts designated by the department or local authorities; or
(b) At intersections or other places where traffic is controlled by traffic control signals or peace officers; or
(c) In designated school bus loading areas where the bus is entirely off the roadway.
(3) Every school bus shall bear upon the front and rear plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight (8) inches in height. When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school all markings thereon indicating "school bus" shall be covered or concealed.
(4) When any school bus is sold and is no longer to be used for the transportation of pupils, before it may again be used on the highways of this state it shall be painted a color other than school bus chrome and all school bus markings shall be obliterated.
Racing on public highways.
(1) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test or exhibition.
(2) The provisions of this section shall not prohibit the use of the highways for organized motoring activities where speed or acceleration is not the objective of the contest but rather the prime objective is the precise measurement of time and distance within the posted legal speed limits.
(3) The provisions of this section shall not prohibit organized motoring activities upon the highways where speed is a primary objective of the contest when prior written permission is obtained from the authority having jurisdiction over the area to be used, and prior notification is given to law enforcement agencies in the area to be used.
Possession of counterfeiting apparatus
Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, metal, machine, or other thing whatever, made use of in counterfeiting coin, current in this state, or in counterfeiting gold dust, gold or silver bars, bullion, lump, pieces or nuggets, or in counterfeiting bank notes, bank bills, financial transaction cards, cashier's checks, money orders, travelers checks, or any check, draft or order for the payment of money upon any bank or depository drawn on any person, firm or corporation, is a felony.
Pedestrians under influence of alcohol or drugs
A pedestrian who is under the influence of alcohol or any drug to a degree which renders him a hazard shall not walk or be upon a highway except on a sidewalk.
Drivers to be licensed
(1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver's license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.
(2) No person shall operate a motorcycle upon a highway unless he has a motorcycle endorsement on his valid driver's license.
(3) No person shall operate a motor vehicle in violation of any valid restriction identified on, or attached to, his valid driver's license.
(4) No person shall receive a class D driver's license unless and until he surrenders to the department all driver's licenses in his possession issued to him by Idaho or any other jurisdiction for use within the United States, or any identification cards issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess a driver's license or any identification cards.
(5) No person shall be permitted to have more than one (1) driver's license issued for use within the United States at any time.
(6) No person shall operate a commercial motor vehicle as defined in section 49-123, Idaho Code, upon a highway:
(a) Without obtaining a commercial driver's license.
(b) Without having the appropriate class A, B or C commercial driver's license in the operator's possession.
(c) Without the proper license class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
(d) Unless the operator has a seasonal or class A, B or C driver's license with required endorsements in his possession.
(e) Without having a current and valid medical examiner's certificate on file with the department while operating in a "non-excepted" status as required by the federal motor carrier safety administration. Medical examiner's certificates submitted for filing must be legible and shall be submitted in a manner acceptable to the department. If the federal motor carrier safety administration has issued a medical exemption letter or skill performance evaluation certificate, the driver must have the current and valid documentation in physical possession and available upon request to a duly authorized federal, state or local enforcement official.
(7) Any holder of a class A, B or C commercial driver's license issued by a jurisdiction other than Idaho shall apply for an Idaho-issued commercial driver's license within thirty (30) days of establishing a domicile in Idaho. In accordance with the federal motor carrier safety regulations, no person shall receive a class A, B or C driver's license unless and until he surrenders to the department all driver's licenses in his possession issued to him by Idaho or any other jurisdiction.
(8) Except as provided in section 49-304, Idaho Code, a violation of this section is a misdemeanor.
Motorcycles, motorbikes, utility type vehicles and all-terrain vehicles need not be licensed under the provisions of this chapter or registered pursuant to the provisions of section 67-7122, Idaho Code, if they are being used exclusively in connection with agricultural, horticultural, dairy and livestock growing and feeding operations or used exclusively for snow removal purposes.
Obstruction to driver's view or driving mechanism
(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat a number of persons exceeding three (3), as to obstruct the view of the driver to the front or the sides of the vehicle, or as to interfere with the driver's control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control of the driving mechanism of the vehicle.
(3) No vehicle shall be operated when the windshield and/or windows of the vehicle are coated with ice, snow, sleet, or dust to the extent that the driver's view ahead, or to the sides or rear of the vehicle are obstructed.
Operation of vehicles on approach of authorized emergency or police vehicles.
(1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the highway lawful for parking and clear of any intersection, and stop and remain in that position until the authorized emergency or police vehicle has passed, except when otherwise directed by a peace officer.
(2) This section shall not operate to relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons using the highway.
Following fire apparatus prohibited
The driver of any vehicle other than one on official business shall not follow closer than five hundred (500) feet any fire apparatus traveling in response to a fire alarm, or stop a vehicle within five hundred (500) feet of any fire apparatus stopped in answer to a fire alarm.
Crossing fire hose
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.
Required position and method of turning
The driver of a vehicle intending to turn shall do so as follows:
(1) Both the approach for a right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction on the highway being entered.
(3) Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic-control devices:
(a) A left turn shall not be made from any other lane;
(b) A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the highway or when preparing for or making a U-turn when otherwise permitted by law.
Following too closely
(1) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle, the traffic upon and the condition of the highway.
(2) The driver of any motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residential district and which is following another motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This shall not prevent a motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.
(3) Motor vehicles being driven upon any highway outside of a business or residential district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles in order to enable any other vehicle to enter and occupy the space without danger. This provision shall not apply to funeral processions.
Obedience to signal indicating approach of train
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. These requirements shall apply when:
(a) A stop sign is in place and there is an absence of any mechanical warning signals;
(b) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(c) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train;
(d) A railroad train approaching within approximately fifteen hundred (1,500) feet of the highway crossing emits a signal audible from that distance and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard;
(e) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
Minimum speed regulation
No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law.
Basic rule and maximum speed limits
(1) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding highway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(2) Where no special hazard or condition exists that requires lower speed for compliance with subsection (1) of this section the limits as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of the maximum limits:
(a) Thirty-five (35) miles per hour in any residential, business or urban district, unless otherwise posted in accordance with section 49-207(2) or (3), Idaho Code;
(b) Seventy-five (75) miles per hour on interstate highways;
(c) Sixty-five (65) miles per hour on state highways;
(d) Fifty-five (55) miles per hour in other locations unless otherwise posted up to a maximum of sixty-five (65) miles per hour.
(3) The maximum lawful speed limit on interstate highways shall not exceed sixty-five (65) miles per hour for vehicles with five (5) or more axles operating at a gross weight of more than twenty-six thousand (26,000) pounds.
Turning movements and required signals.
(1) No person shall turn a vehicle onto a highway or move a vehicle right or left upon a highway or merge onto or exit from a highway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal.
(2) A signal of intention to turn or move right or left when required shall be given continuously to warn other traffic. On controlled-access highways and before turning from a parked position, the signal shall be given continuously for not less than five (5) seconds and, in all other instances, for not less than the last one hundred (100) feet traveled by the vehicle before turning.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.
(4) The signals required on vehicles by section 49-809, Idaho Code, shall not be flashed on one (1) side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one (1) side only of a parked vehicle except as may be necessary for compliance with this section.
Stopping, standing or parking outside business or residential districts
(1) Outside a business or residential district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave the vehicle off the roadway, but in every event in an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon the highway.
(2) This section and sections 49-660 and 49-661, Idaho Code, shall not apply to the driver of any vehicle which is disabled in such a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.
When lighted lamps are required
Every vehicle upon a highway at any time from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as here respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated herein.
Head lamps on motor vehicles
(1) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations set forth in this chapter.
(2) Every motorcycle and every motor-driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of this chapter.
(3) Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four (54) inches nor less than twenty-four (24) inches to be measured as set forth in section 49-904(2), Idaho Code.
(4) No person shall operate any motor vehicle on the highways with head lamps which are composed of, covered by, or treated with any material, substance, system, or component which, when such head lamps are not in operation, is highly reflective or otherwise opaque and nontransparent.
(5) No person shall have for sale, sell, or offer for sale any motor vehicles with head lamps that are in violation of the provisions of this section.
(6) Nothing in this section shall be construed to make illegal the operation or sale of any motor vehicle, the head lamps of which are composed of, covered by, or treated with any material, substance, system, or component with which the motor vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment under any United States government statute or regulation governing the sale at the time of manufacture.
(7) Any person convicted of a violation of the provisions of this section shall be guilty of an infraction.
(1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which when lighted as required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. In the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. Every mentioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after December 31, 1955, shall be equipped with at least two (2) tail lamps mounted on the rear, which when lighted as required, shall comply with the provisions of this section.
(2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches nor less than twenty (20) inches.
(3) Any tail lamp shall be wired so to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
(4) Nothing herein shall prohibit the display on any vehicle thirty (30) years or older of tail lamps containing a blue or purple insert lens not to exceed one (1) inch in diameter, provided the tail lamp or lamps otherwise comply with the requirements of this section.
Stop lamps and turn signals required on motor vehicles
(1) After December 31, 1986, it shall be unlawful for any person to sell any motor vehicle, including any motorcycle or motor-driven cycle, in this state or for any person to drive a vehicle on the highways unless it is equipped with at least one (1) stop lamp meeting the requirements of section 49-919, Idaho Code.
(2) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after December 31, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of section 49-918, Idaho Code. This subsection shall not apply to a motorcycle or motor-driven cycle.
Color of clearance lamps, side marker lamps, and reflectors.
(1) Front clearance lamps and marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.
(2) Rear clearance lamps and marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp may be white, amber, or red.
(1) Only police vehicles shall display blue lights, lenses or globes.
Signal lamps and signal devices
(1) Any motor vehicle may be equipped and when required under this chapter shall be equipped with stop lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not, be incorporated with one or more other rear lamps.
(2) Any motor vehicle may be equipped and when required under this chapter shall be equipped with lamps or mechanical signal devices showing to the front and rear for the purposes of indicating an intention to turn either to the right or left. When lamps are used for this purpose, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable, and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than one hundred (100) feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable, and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight. When actuated the lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. Where mechanical signal devices are used for this purpose, the devices shall be self-illuminated when in use at the times specified in section 49-903, Idaho Code.
(3) No stop lamp or signal lamp or device shall project a glaring light.
Windshields to be unobstructed and equipped with wipers.
(1) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.
(3) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
Requirement as to fender or covers over all wheels on motor vehicles
(1) It shall be unlawful for any person to operate or move or any owner to permit to be operated or moved, any motor vehicle, truck, bus, semitrailer or trailer, upon any highway without having the vehicle equipped with fenders or covers which may include flaps or splash aprons, over and to the rear of wheels, as follows:
(a) On the rear wheels of every truck equipped with a body, bus, trailer or semitrailer the fenders or covers shall extend in full width from a point above and forward of the center of the tires over and to the rear of the wheels to a point that is not more than ten (10) inches above the surface of the highway when the vehicle is empty;
(b) Behind the rear wheels of every truck not equipped with a body the fenders or covers shall extend downward in full width from a point not lower than halfway between the center of the wheels and the top of the tires on the wheels to a point that is not more than ten (10) inches above the surface of the highway when the vehicle is empty;
(c) Behind all wheels of every motor vehicle other than trucks, buses, semitrailers, or trailers, the fenders or covers shall extend in full width from a point above and forward of the center of the tire over and to the rear of the wheel to a point that is not more than twenty (20) inches above the surface of the highway, unless the bumper is a factory built bumper fastened directly to the frame of the vehicle pursuant to factory installation requirements;
(d) Fenders or covers are not required on any modified American-made pre-1935 vehicle, or any identifiable vintage or replica thereof that is titled as a later assembled vehicle or replica and is used for show and pleasure use when such vehicle is used and driven only during fair weather on well-maintained hard-surfaced roads.
(2) Fenders or covers, as used in subsection (1) of this section, shall be deemed to be of sufficient size and construction as to comply with those requirements if constructed as follows:
(a) When measured on the cross sections of the tread of the wheel or on the combined cross sections of the treads of multiple wheels, the fender or cover extends at least to each side of the width of the tire or of the combined width of the multiple tires, as the case may be;
(b) The fender or cover is constructed as to be capable at all times of arresting and deflecting dirt, mud, water, or other substance as may be picked up and carried by wheels;
(c) For school buses if the body extension behind the rear wheels exceeds five (5) feet.
Footrests on motorcycles and motor driven cycles
It shall be unlawful for the operator of any motorcycle or motor driven cycle to carry a passenger on the vehicle unless it is equipped with footrests designed exclusively for the use of a passenger on the vehicle.
It shall be unlawful for any person to drive or operate any snowmobile:
(1) At a rate of speed greater than reasonable and prudent under the existing conditions.
(2) In a negligent manner so as to endanger the person or property of another, or to cause injury or damage to either, or to harass, chase or annoy any wild game animals or birds or domestic animals.
(3) Without a lighted headlight and taillight between the hours of dusk and dawn, or when upon or crossing any public roadway or highway, or when otherwise required for the safety of others.
(4) Without an adequate braking device which may be operated by either hand or foot.
(5) Without an adequate muffler, except when used in conjunction with public racing events.
(6) Upon a public roadway or highway without a valid motor vehicle operator's license, unless the public roadway or highway is closed to other motor vehicle travel.
Use of Force
It is the policy of this department that officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control. “Reasonableness” of the force used must be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any interpretation of reasonableness must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation.
A. Deadly Force: - Any use of force that is likely to cause death or serious physical injury.
B. Non-Deadly Force: - Any use of force other than that which is considered deadly force.
A. Parameters For The Use Of Deadly Force:
1. An officer may use deadly force only when the officer reasonably believes the action is in defense of human life, including the officer’s own life or in defense of any person in immediate danger of serious physical injury.
a. Reasonable belief is defined as: When facts or circumstances the officer knows are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances.
b. Serious physical injury is defined as: A bodily injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long term loss or impairment of the function of any bodily member or organ.
2. Before using deadly force, and where feasible, police officers should identify themselves and state his/her intent to shoot.
3. Fleeing felons shall not be presumed to pose an immediate threat to life unless circumstances demonstrate an immediate threat to or wanton disregard for human life. Only when the conditions listed in Section A.1. are met can deadly force be used pertaining to fleeing felons.
4. Officers shall not fire their weapons at a moving vehicle except when occupants of the vehicle are using deadly force against the officer or another person and there is no alternative means of protecting life.
5. Firing from a moving motor vehicle is not authorized unless the officer is being fired upon; or, in the defense of themselves or any person who faces an immediate and clear threat of serious physical injury.
6. Firearms should not be discharged when it appears likely that an innocent person may be injured, unless the officer reasonably believes that failing to do so will result in a greater threat to human life than firing.
7. Except for maintenance or during training, police officers shall not draw or exhibit his/her firearm unless circumstances known to the officer at the time of the incident create a reasonable belief that it may be necessary to use the weapon in conformance with this policy.
8. Warning shots are prohibited.
9. A police officer may also discharge a weapon under the following circumstances:
a. During range practice or competitive sporting events.
b. To destroy an animal that presents a threat to public safety.
10. Whenever any member of the department discharges a department issued firearm, discharges a privately owned firearm authorized for use by the department in a law enforcement capacity, other than those listed in 9a above, he/she will contact his/her immediate supervisor if this occurs on duty, or contact the on duty Field Operations Supervisor if the member is off duty. The supervisor will then notify a Command Officer and an inquiry will occur. The results of the inquiry will be documented in a written report.
B. Parameters For Use Of Non-Deadly Force:
1. Where deadly force is not authorized, officers should assess the incident in order to determine which non-deadly technique or weapon will best de- escalate the incident and bring the incident under control in a safe manner.
2. Officers are authorized to use department approved non-deadly force techniques and issued equipment for resolution of incidents, as follows:
a. To protect themselves or another from apparent threat of physical harm; or,
b. To restrain or subdue a resistant individual; or,
c. To bring an unlawful situation safely and effectively under control.
d. OC spray/Taser should not normally be used on prisoners who are properly handcuffed or secured for transportation in the patrol unit. However, in extreme situations where a prisoner cannot be brought under control even after being handcuffed and/or secured and other means cannot bring the prisoner under control, OC spray/ Taser may be used to assist in gaining control of the prisoner.
e. The Taser should not normally be used on young children or pregnant females, except, in extreme situations where the person cannot be brought under control without escalating the use of force.
C. Training, Qualifications And Authorization:
1. While on and off duty, officers shall carry, for police purposes only, firearms and ammunition authorized by and registered with the department. (As noted in Firearms Policy 1.06)
2. Authorized firearms are those with which the officer has qualified and received departmental training on proper and safe usage, and that are registered and comply with departmental specifications.
3. The department shall schedule regular training and qualification sessions for duty, off-duty and specialized weapons. These sessions will be graded on a pass/fail basis.
4. An officer shall not be permitted to carry any primary firearm with which he/ she has not been able to qualify during the most recent qualification period.
5. An officer who has taken extended leave or suffered an illness or injury that could affect his/her use of firearms will be required to re-qualify before returning to enforcement duties.
6. The following issued less lethal weapons are authorized:
a. Side Handle Baton
b. Collapsible metal baton
c. O.C. Spray
d. Less lethal devices
Examples: Bean Bag Rounds
7. An officer shall not be permitted to use any of the above firearms, non-deadly or less lethal devices until they have received training and shown proficiency on the proper use of each device. Newly hired officers will be given a copy of the Use Of Force Policy and Firearms Policy and will read and review them with their Field Training Officer.
8. In a life threatening emergency situation, an officer may employ non-issued items or weapons available at the scene of the emergency. Non-issued items carried on duty for use as weapons, unless provided for in this policy, are prohibited.
D. Reporting Uses Of Force:
1. A written report detailing the use of force circumstances and results according to departmental procedures will be required and completed as soon as practical by all officers involved after a use of force incident involving an actively resistant suspect.
2. Use of force reports will be filled out by the on-duty supervisor as soon as practical after a use of force incident an actively resistant suspect. The computer log printout of Taser use shall be included with the Use Of Force Report when applicable. This report and all other written reports pertaining to the incident will be forwarded to the Chief of Police via the chain of command for his/her review. (Appendix A)
3. A supervisor will be immediately summoned to the scene in the following situations:
a. When a firearm is discharged outside of the firing range, in the performance of police-related duties.
b. When a Use Of Force is employed to bring an incident under control involving an actively resistant suspect, whether there are any injuries or not.
c. When a subject complains that an injury has been inflicted by the actions of a Lewiston Police employee. If the injury is visible, a photograph should, if possible, be taken of the affected areas.
d. A canvas of the area or neighborhood should be conducted, if necessary. The on-duty supervisor will make the determination if the canvas must be done immediately, or if a short time delay would be less intrusive on our citizens based upon the time of night or day.
Persons arrested by members of the department shall be handcuffed. If practical, officers shall handcuff (double lock) all prisoners with his/her hands behind his/her back. Discretion may be exercised by the officer under exceptional circumstances. It is each member’s responsibility to provide safe custody for a prisoner, especially when handcuffed. Officers are authorized to use their discretion to handcuff persons not under arrest when to do so is reasonable and necessary given the circumstances, taking into consideration protection of the public, officer safety and the preservation of a crime scene. The specific reason for handcuffing a person not under arrest shall be documented in a detailed police report.
E. Departmental Response:
1. Deadly Force Incident
a. When an officer’s use of force causes death or serious bodily injury, the officer may be placed on leave with pay. An examination by a psychologist or other mental health professional may be required, at the city’s expense.
b. An investigation of the incident shall be conducted in conjunction with the City Attorney’s Office, when necessary.
Search & Seizure Without Warrant
It is the policy of the Lewiston Police Department that all searches and seizures will be conducted in accordance with existing laws and court decisions.
A. Search by consent – An individual may voluntarily consent to a search of his/her person, his/her property either verbally or by written consent. A third person who shares common control or authority of the premises or items to be searched may give consent to authorize a search.
1. Any person asked to consent to any search shall be informed of his/her right to refuse to consent to the requested search.
2. An individual who consents to a search may withdraw that consent at anytime, and the consent search must cease.
B. Stop and frisk – Officers may conduct protective pat down searches of persons suspected of criminal activity if he/she have a reasonable belief that person may be armed and dangerous. The officer must have articulable facts from which he/she can reasonably infer that the person may be armed and dangerous. The frisk must be limited to that which is necessary for the discovery of weapons that might be used to harm the officer or others. The search for weapons shall be limited to a pat down of the person’s outer clothing. If a suspected weapon is felt a more extensive search may be conducted to confiscate it.
C. Search Incident to Arrest
1. Officers may search a person without a warrant incident to arrest. The purpose of the search is to protect the officer, prevent escape, and discover evidence of criminal activity. The search is confined to the arrestee’s person and the area within his/her immediate control.
2. The lunge area of a vehicle may be searched incident to the driver’s or passenger’s arrest if you are looking for specific evidence of the crime for which the occupant was arrested.
D. Plain View Doctrine – Mere observation of contraband by an officer does not constitute a search within the scope of the Fourth Amendment. However, the seizure of such contraband is governed by the Fourth Amendment principles, and for the evidence to be admissible under the Plain View Doctrine:
1. The officer must have the right to be at the location from which the items were viewed;
2. No action can be taken by the officer to bring the items into plain view.
E. Open Field Doctrine/Curtilage
1. Curtilage has been defined as the land and buildings surrounding a dwelling, generally including buildings used for domestic affairs. Curtilage is afforded the same Fourth Amendment protection as the home when it is directly related to the residence.
2. Legitimate Expectation of Privacy – The determination of whether Fourth Amendment protection will be extended to items seized from the curtilage or open fields focuses on whether the person challenging the search has a legitimate expectation of privacy in the place which was searched.
F. Exigent Circumstances – Exigent Circumstances are defined as emergency circumstances, including when a suspect is fleeing or instrumentalities of a crime are being destroyed. Under these circumstances, if an officer has probable cause to believe that evidence of a crime will be found and it is not practical for the officer to obtain a warrant, the officer may conduct a warrantless search.
G. Automobile Exception – The courts have allowed searches of motor vehicles without a search warrant if probable cause exists that the vehicle contains contraband or evidence of a crime and the vehicle is capable of being moved.
H. Strip Searches – Supervisor approval is required prior to any strip search of a person being detained. Strip searches will only be conducted by a member of the same gender as the person searched. Only medical personnel will conduct an intrusive search into a body cavity.
It is the policy of this department that all arrests made by departmental personnel shall be conducted professionally and in accordance with established legal principles. In furtherance of this policy, all officers of this department are expected to be aware of, understand and follow the laws governing arrest.
A. Arrest - 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 a private person.
B. Consensual Contact – Officers may approach any person and ask to speak with them while in a public setting or granted access by the person into a place defined as protected under the Fourth Amendment.
C. Probable Cause - The existence of circumstances that would lead a reasonably prudent officer to believe that a person had committed a criminal offense.
D. Reasonable Suspicion – When an officer has specific facts known to him/her which can be articulated to another that, when stated, creates a reasonable suspicion the person has or is about to commit a crime, the officer may approach and detain the individual for a reasonable amount of time. The reasonableness of a stop is determined by the totality of the circumstances confronting the officer at the time of the stop. The officer can only frisk the outer garments of the suspect when there is some indication to believe the suspect is carrying a weapon.
A. An arrest is made by an actual restraint of a person, or by his/her submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his/her arrest and detention.
B. Entering A Dwelling To Make An Arrest:
1. Warrantless Arrest: An officer must always have probable cause. A police officer shall not make a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest; absent exigent circumstances.
2. Exigent Circumstances
a. An officer initiates a valid arrest in a public place and the suspect flees into private property such as a residence.
b. Fresh pursuit of a fleeing felon. An officer may not enter a residence in fresh pursuit for a warrantless arrest of person if the crime is a misdemeanor.
c. Risk of danger to the officer(s) or other persons inside or outside of the residence. (Idaho-probable cause may not be required in cases where warrantless entry is to prevent injury or to protect life.)
d. Destruction of evidence. Idaho does not permit warrantless entry into a residence to prevent the destruction of evidence if the crime under investigation is non-violent.
3. Knock And Announce
a. Warrantless arrest of a suspect is permitted where the suspect voluntarily opens the door in response to an officer’s knock.
b. Knock and announce warrant arrest is permitted if the officer waits a “reasonable” time to enter and there is an exigent circumstance.
C. When a peace officer may arrest:
A peace officer may make an arrest in obedience to a warrant delivered to them, or may, without a warrant, arrest a person:
1. For a public offense committed or attempted in his/her presence.
2. When a person arrested has committed a felony, although not in the officer’s presence.
3. When a felony has in fact been committed and he/she has reasonable cause for believing the person arrested to have committed it.
4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.
5. At night, when there is reasonable cause to believe that he/she has committed a felony.
6. When upon immediate response to a report of a commission of a crime there is probable cause to believe, that the person arrested, had committed a violation of a section 18-902 (assault), 18-903 (battery), 18-918 (domestic assault or battery), 18-7905 (stalking), 39-6312 (violation of a protection order), or 18-920 (violation of a no contact order).
7. When the offense is for the following serious traffic offenses:
a. Negligent Homicide
b. Driving Under The Influence of Alcohol/Drugs
c. Failure to stop and give information on a collision resulting in death or personal injuries.
d. Failure to stop and give information in a collision resulting in damage to a vehicle, fixtures, or other property legally upon or adjacent to a highway.
e. Reckless driving
f. Fleeing or attempting to elude a police officer
8. When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person has committed such a crime.
D. When a private person may arrest.
A private person may arrest another:
1. For a public offense committed or attempted in his/her presence.
2. When the person arrested has committed a felony, although not in his/her presence.
3. When a felony has been in fact committed, and he/she have reasonable cause for believing the person arrest to have committed it.
E. Information to person arrested
The person making the arrest must inform the person to be arrested of the intention to arrest the person, of the cause of the arrest and the authority to make the arrest, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense or is pursued immediately after its commission, or after an escape.
F. When an officer may arrest upon a warrant:
1. 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 a.m., unless upon the direction of the magistrate, as endorsed upon the warrant, or where consent was given to enter the residence by a person with real or apparent authority.
2. If the person making the arrest is acting under the authority of a warrant, the person must show the warrant, if required.
The fundamental duty of officers is the protection and safety of our community and of our citizens. This duty includes the obligation to attempt the apprehension of persons who endanger the public by taking flight to avoid prosecution. However, good judgment and common sense must be used in every vehicle pursuit, keeping in mind that it is of the utmost importance that the officer not unduly endanger the public, him/herself, other employees or the fleeing suspect. At times, the danger presented by the pursuit itself can exceed the public safety value of immediate apprehension. Under such circumstances, the public safety is paramount and the pursuit will be terminated.
A. Pursuit – An active attempt by an officer (operating a department vehicle) to apprehend an operator of a motor vehicle who, having been given a visual and an audible signal by the officer directing such operator to bring the vehicle to a stop, fails to respond to such direction and increases the vehicle’s speed, extinguishes the vehicle’s lights, or makes some other overt action designed to avoid apprehension.
It is the fleeing violator who initiates the pursuit, and the officer must make a series of decisions as whether to engage in the pursuit.
B. Emergency Operation – The act of driving a department vehicle with the emergency lights and siren in operation while in pursuit of a suspect.
C. Primary Vehicle – The patrol vehicle driven by the officer who became involved in the pursuit or another vehicle which takes the lead vehicle position.
D. Secondary Vehicle – A patrol vehicle which becomes involved in a pursuit immediately following the primary vehicle and acting as the primary vehicle’s backup.
E. Supervisor – A commissioned peace officer at the rank of Corporal, Sergeant or higher, or the most senior officer available.
F. Originating Jurisdiction – The jurisdiction of the officer driving the primary vehicle.
G. Receiving Jurisdiction – A jurisdiction which is entered by a pursuit which began in the originating jurisdiction.
H. Termination Of Pursuit – A pursuit shall terminate when the primary and secondary officer(s) turn off their emergency equipment, discontinue following the suspect and informs the Communications Center. The pursuit also ends when the suspect vehicle stops.
1. There are two basic alternatives to pursuits:
a. No pursuit (officers have the discretion not to pursue).
b. Conduct a follow-up investigation of the incident/law violation at a later time.
2. Pursuit of a motor vehicle is a very serious matter. When an officer pursues a fleeing vehicle, he/she may have a tendency to think only in terms of him/herself and the occupants of the fleeing vehicle.
3. At the beginning and during the pursuit, safety must be continually re-evaluated. It is imperative that the officer weighs the seriousness of the offense which has been committed against the hazards.
B. Continuance Or Termination Of A Pursuit
1. Officers must immediately discontinue any pursuit when:
a. The pursuit is for any misdemeanors and misdemeanor traffic violations, to include infractions;
b. The vehicle is eluding for unknown reasons;
c. The pursuing officer knows, or is almost certain, that the fleeing vehicle is operated by a juvenile and the offense constitutes a felony that did not involve an actual or threatened attack (i.e., unauthorized use of the vehicle, driving without privileges, etc);
d. When directed to do so by a supervisor;
e. The pursuit of a motorcycle, motorized bicycle, all-terrain vehicle, snowmobile, exceptionally large vehicle (semi, tanker, etc), motor home or pickup with an unsecured person or persons riding in the bed shall be terminated unless the situation would otherwise allow the use of deadly force or, that if the perpetrator is not immediately apprehended it is likely that another person may suffer death or serious bodily injury.
f. Pursuits will be terminated by any officer who has a passenger in the vehicle, other than an officer or reserve officer of the Lewiston Police Department, except in the following circumstances:
1) Sworn and armed officers of an Idaho law enforcement agency. The ride-a-long officer shall only act in life threatening situations.
2) Out of state or federal law enforcement officers who are working a specific detail with the officer.
3) The supervisor shall assign the officers who will be riding together and will make the visiting officers aware of this policy.
g. If during a pursuit an accident occurs involving any vehicle(s), the officer will either stop and check for injuries or assign an assisting unit to render aid.
2. When the pursued vehicle leaves the roadway, containment rather than pursuit should be initiated unless a violent crime is involved.
3. The department expects an officer to terminate involvement in pursuits whenever the risks to personal safety and the safety of others outweigh the danger to the community.
C. Termination Of A Pursuit
If the pursuit is terminated for any reason, the primary and secondary officer(s) will shut down all emergency equipment and discontinue following the vehicle. The officer(s) will advise the Communications Center that the pursuit has been discontinued.
1. The primary vehicle and the secondary vehicle shall have the siren and emergency lights activated throughout the pursuit.
2. When safe to do so, an officer involved in a pursuit shall notify Communications of relevant facts about the pursuit, such as;
b. Direction of travel
c. Description of fleeing vehicle
d. Reason for pursuit
f. Other relevant factors
3. The on-duty supervisor or senior officer when, a supervisor is unavailable, shall immediately be notified of the pursuit.
4. Unless expressly authorized by a supervisor, only two department vehicles shall be directly involved in a pursuit. Additional units may be assigned to assist in the pursuit if it is known that the violator has a high potential for causing death or serious bodily injury to others.
a. All other units will stay clear of the pursuit, remaining alert for its progress and location in the event they are needed to assist with traffic direction, accident investigation, foot pursuit, etc.
b. The primary vehicle and secondary vehicle may pursue the suspect outside the city, unless otherwise directed by a supervisor.
5. There shall be no bumping, ramming, blocking or boxing in the pursued vehicle unless, based on the existing circumstances, the use of deadly force would be justified.
6. Roadblocks may be used if Idaho Code 19-622 (minimum requirements in establishing temporary road blocks) is followed and the supervisor has expressly directed the use of the roadblock.
7. Officers shall not discharge a firearm at a moving vehicle unless the officer reasonably believes there exists an immediate threat of serious bodily harm and both of the following requirements can be met:
a. There is a reasonable belief that the projectile will not strike any person other than the suspect;
b. The risk of injury to others with the suspect vehicle going out of control being less than the risk of injury to others if the suspect is not captured immediately.
c. The officer shall not place himself/herself in front of a moving vehicle to create a deadly force situation.
8. Police motorcycles involved in a pursuit shall relinquish the pursuit to a marked vehicle as soon as possible.
9. Vehicles without emergency lights and siren shall not be driving in pursuit of other vehicles.
V. PURSUITS INTO ANOTHER JURISDICTION
A. Officers shall not become involved in another agency’s pursuit unless specifically authorized by a supervisor, or the emergency nature of the situation dictates the need for assistance. In these instances, all department pursuit policies are in effect.
B. If the pursuit approaches or crosses into another jurisdiction, the supervisor may, if time and circumstances allow, communicate with the receiving jurisdiction to determine if the pursuing units shall remain as assigned or whether responsibility shall shift to the officers of the receiving jurisdiction. The supervisor may make the determination to terminate the pursuit, even if officers of the receiving jurisdiction are not able to take over the pursuit.
VI. POST PURSUIT DISCIPLINE
A. The responsibility for maintaining control and directing activities at the end of the pursuit must remain with the primary officer unless relieved by a supervisor.
B. The officer of the secondary unit shall be responsible for backing up the primary vehicle and broadcasting pertinent information.
VII. SUPERVISORY RESPONSIBILITIES AT TERMINATION OF PURSUIT
A. Upon arrival at the end of the pursuit, the supervisor shall assume scene responsibility.
B. Upon notification that an accident has occurred involving the fleeing vehicle and/or a Lewiston Police Department vehicle, the Idaho State Police will be requested to investigate, or the out of state agency in who’s jurisdiction the accident occurred.
C. The Watch Sergeant shall be responsible for the submission of Pursuit Report (Appendix A) to the Patrol Section Lieutenant within two (2) days. The analysis shall include:
1. Date and time of pursuit.
2. Area covered in pursuit.
3. Primary vehicle officer.
4. Secondary vehicle officer.
5. Any additional units, if any.
6. Initial reason for pursuit.
7. Maximum speeds.
8. Information on suspected/suspect vehicle.
9. Injuries/damage, if any.
11. During the pursuit, did the actions of the involved officer conform to established department policy?
*NOTE: If a Corporal was the supervisor during a pursuit; the Corporal shall confer with the Sergeant as soon as practical, with details of the pursuit, prior to the Sergeant’s preparation of the Pursuit Report. In this situation the report shall go to the Section Lieutenant within three (3) days. The only exception to this is when the Watch Sergeant is on leave from the department, and in this case the Corporal will prepare the report.
D. The Patrol Section Lieutenant shall cause the Pursuit Report to be sent to the Chief of Police, (with a copy to the Field Operations Division Commander) for his/her review within three (3) days. The Chief of Police shall determine whether:
1. The pursuit was necessary and within departmental policy.
2. Training needs have to be changed.
3. Existing policies have to be reviewed and changed.
Use of Vehicle Emergency Equipment
II. CODE RESPONSE CAUTION
Even when used properly, emergency lights and sirens can invoke a fright or panic reaction among pedestrians and motorists who, through confusion or fear, may react in unexpected ways. Because of this, officers should utilize emergency devices only where necessary and under prescribed conditions and circumstances that will minimize the risk of accident or injury to officers or the public.
A. CODE ONE: Routine response. Life or property is not threatened. Emergency lights and siren are not used. Response should not exceed the posted speed limit or fail to follow traffic control devices.
B. CODE TWO: Urgent response. Information received appears to show that life and/or property may be threatened. Emergency lights and/or siren may be used when necessary to expedite travel, in a safe and reasonable manner, based on conditions.
C. CODE THREE: Emergency response. Information received appears to indicate that life and/or property is threatened. Lights and siren are mandatory.
A. CODE TWO RESPONSES:
The Communications Specialist will inform the officer of information received from the initial call. The responding officer, based on the nature of the call or prior knowledge relevant to the particular call for service or other factors, will respond Code Two.
The officer and any other officers responding Code Two, will inform the Communications Center of the Code Two response, and from what location when practical to do so.
Examples of calls that may require a Code Two response:
3. Felony or misdemeanor crimes.
4. Incidents involving physical force.
5. Incidents that may escalate if response is not immediate.
6. An on-scene officer requests Code Two response.
7. When authorized by a supervisory/command officer.
Officers shall discontinue a Code Two response when the situation changes to a Code One response or is so instructed by a supervisor/command officer. In these instances, the officer(s) will notify the Communications Center that they are discontinuing Code Two response.
As a general rule only one officer, or a maximum of two officers, if the situation so warrants, will respond in a Code Two mode, with the exception of example number 6 or 7 under section IV, B..
Officers shall notify the Communications Center if they upgrade the response to Code Three.
B. CODE THREE RESPONSES:
The Communications Specialist will inform the officer of information received from the initial call. The responding officer, based on the nature of the call or prior knowledge relevant to the particular call for service or other factors, will respond Code Three.
The officer, and any other officers responding Code Three will inform the Communications Center of a Code Three response, and from what location when practical to do so.
Examples of call that may require a Code Three response:
1. When the situation involves the imminent potential for serious injury or death to any person.
2. In order to prevent or halt a crime of violence.
3. When a serious public hazard exists.
4. When there is a likelihood of apprehending a felony suspect who is on-scene.
5. A report of an injury collision.
6. An officer calls for help or requests a Code Three response.
7. When authorized by a supervisory/command officer.
Officers shall discontinue a Code Three response when the situation changes to a Code Two or Code One response or is so instructed by a supervisor/command officer.
In these instances, the officer(s) will notify the Communications Center that they are discontinuing Code Three response.
As a general rule only one officer, or a maximum of two officers if the situation so warrants, will respond in a Code Three mode, with the exception of example number 6 or 7 above.
V. COMMUNICATION CENTER CAUTION NOTIFICATION
When a Communications Specialist is notified of other emergency vehicles; such as police vehicles, fire apparatus and/or ambulances responding Code Three to any location within the city limits, they shall advise officers.
VI. EXEMPTION TO CODE THREE REGULATIONS
An officer engaged in immediate vehicular pursuit shall be bound by Lewiston Police Department Policy 2.03 (Pursuits).
VII. IDAHO CODE 49-623
The driver of an authorized emergency or police vehicle, when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated.
The driver of an authorized emergency or police vehicle may:
A. Park or stand, irrespective of the parking or standing provisions of this title;
B. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
C. Exceed the maximum speed limits so long as he/she does not endanger life or property;
D. Disregard regulations governing direction of movement or turning in specified directions.
The foregoing provisions shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his/her reckless disregard for the safety of others.
VIII. OTHER EMERGENCY VEHICLE EQUIPMENT OPERATIONS
A. Spotlight – Marked units will be equipped with a minimum of two spotlights. Spotlights will assist the officer to illuminate areas or vehicles in low light situations. Spotlights will only be used to accomplish police responsibilities and purposes and will not be used to harass or intimidate.
B. Public Address System – Department vehicles may be equipped with an amplified voice address system. Officers may use this address system to inform the public of directions as they relate to the command and control involved during a police related contact. The address system should be limited to only those voice commands or instructions deemed necessary for officer safety, compliance, or emergency instruction.
C. Hazardous Warning Lights – The factory standard flashing hazardous signals equipped on each vehicle may be used in conjunction with other emergency equipment when department vehicles are parked at collision scenes or other scenes where emergency equipment is required to warn oncoming motorists of a hazard. Hazardous warning lights will not be used while a department vehicle is in motion. Use of hazardous warning lights while a vehicle is in motion prohibits the operator from signaling their intentions to turn to other motorists.
D. Highway Flares – Marked patrol vehicles are equipped with highway flares. Officers may consider using flares when they deem it necessary. Lighted flares, which burn at about 1500 degrees Fahrenheit, are to be handled with caution to avoid burning flesh, uniforms, or nearby objects.
1. Flares should be spaced a sufficient distance apart to adequately warn approaching motorists, to channel motorists to the appropriate lane, or to illuminate emergency traffic control signals.
E. Emergency Lights - Where the call for service or activity requires the vehicle to be used to protect collision scenes, injured persons or officers directing the flow of traffic, the vehicle’s emergency lights shall be activated.
1. Officers making traffic stops using lights and siren should, when appropriate, direct the motorist to a suitable stopping point where normal traffic flow will not be impeded.
a. Emergency lights should be activated both to signal a motorist of the officer’s intention to stop his/her vehicle and to protect the stopped vehicle from other traffic.
b. Before making initial contact with the motorist the officer will notify Communications of pertinent vehicle information, including the license plate number of the vehicle being stopped, if available, the location, and vehicle description.
c. When avoidable, the following should not be used for traffic stops:
1) Private driveways;
2) Gas stations open for business, or
3) Other areas, which provide access to business or residential establishments.
d. When private property must be used for a traffic stop, care must be taken to avoid inconvenience to the property owners or business patrons.
e. When making a traffic stop, officers should position his/her vehicle to provide protection for himself/herself and avoid creating a traffic obstruction.
Collecting Evidence - NSF, Account Closed And Forged Checks
A. Non-Sufficient Funds And Account Closed Checks
1. Upon the recipient contacting the department with an NSF or Account Closed Check, it is not necessary for a report to be taken. Rather the recipient will be given a copy of the “Nez Perce County Citizens Packet Regarding NSF Checks” & “Lewiston Police Department Processing of Non-Negotiable Checks” form, (Appendix A) and a copy of the “Lewiston Police Department Check Statement” form, (Appendix B), and the “Check Investigative Information” form, (Appendix C). This form is to be completed by the persons or employee who actually accepted the check from the suspect.
2. Upon completion of the form, it will be given to the Investigation Section. If circumstances warrant, a report will be taken at that time by a member of the Investigation Section.
1. A forged check must be accompanied by a signed affidavit of forgery from the bank that the check was drawn on.