General Law Flashcards
(39 cards)
19-601
An arrest is taking a person into custody
18-111
Fmi
18-112
Felony pinish
18-113
Miss punish infract
18-4011
Deadly Foce
Whenreasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Deadly force can be sused if probably cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons, or in preventing escape or retaking inmates.
19-301
All offenders liable to punishment
19-302
Offenses commenced without the state
19-303
Fighting duels out of state - When an inhabitant/resident of this stated fights a duel out of the state, and a wound is inflicted wherof he dies in this state, the jurisdiction of the offense is in the state of Idaho.
19-304
Offenses committed in different counties - When a public offense is committed in part in one county in one and in part in another, the venue is in either county. If the offense occurs in the state of Idaho, but unknown counties then Ada County will be the venue.
19-305
Offenses committed on/near county boundaries - When a public offense is committed on the boundary of two or more counties, or within five hundred yards therof, the venue is in either county.
19-306
Offenses committed on boats, vessels, trains, motor vehicles, or aircraft - When an offense happens in transit the venue is in the county through which they traveled or terminated.
19-307
Kidnapping is in venue where offense was committed
19-308
Bigamy or incest is committed in one county and the defendant is apprehended in another county, the venue is in either county.
19-309
When property taken in one county by burglary, robbery or theft has been brought inot another , the vneue of the offense is in either county. But the former county can demand have him delivered to the former county.
19-310
The venue of a criminal action for escaping from prison is in any county of the state.
19-311
Bringing stolen property into the state - THe venue will be any county into or through which such stolen property has been brought.
19-312
Murder or Manslaughter - When the injury was caused the deaht was inflicted in one county and the party injured dies in another county or out of the state, venue is in the county where the injury was inflicted.
19-313
In the case of an accessory in the commission of a public offense, the venue is in the county where the offense of the accessory was committed.
19-314
The venue of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this code if he were so present and aiding and abetting therein.
19-315
When an act charged as a public offens, is withing the venue of another state, as well as this state, a conviction or acquittal therof in the former is a bar to the prosecution of indictment in this state.
19-316
When an offense is within the venue of tow or more counties, a conviction or acquittal therof in one county is bar to a prosecution or indictment therfore in another.
19-602
Arrest Defined
An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint then is necessary for his arrest and detention.
19-603
A peace officer may make an arrest
in obedience to a warrant delivered to him, for a offence committed or attempted in his presence, when a person has committed a felony (although not in his presence), when a felony has been committed and has reasonable cause for believeing the person arrested has committed it, upon immediate response to a report of assault, battery, domestic battery, stalking, violation of no contact order, and violation of a protection order.
19-604
Citizen’s Arrest
A private person may arrest another when a public offense committed or attempted in his presence, when the person arrested has committed a felony, although not in his presence, and when a felony has been in fact committed, and he has reasonalb ecause for believing the person arrested to have committed it.
