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Idaho State Law Codes > General Law > Flashcards

Flashcards in General Law Deck (39):
1

19-601

An arrest is taking a person into custody

2

18-111

Fmi

2

18-112

Felony pinish

3

18-113

Miss punish infract

5

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.

6

19-301

All offenders liable to punishment

7

19-302

Offenses commenced without the state

8

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.

9

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.

10

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.

11

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.

12

19-307

Kidnapping is in venue where offense was committed

13

19-308

Bigamy or incest is committed in one county and the defendant is apprehended in another county, the venue is in either county.

14

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.

15

19-310

The venue of a criminal action for escaping from prison is in any county of the state.

16

19-311

Bringing stolen property into the state - THe venue will be any county into or through which such stolen property has been brought.

17

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.

18

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

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.

20

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.

21

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.

22

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.

23

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.

24

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.

25

19-605
Magistrate Order of Arrest

Magistrate may orally order a peace officer or private person to arrest any one committing or attempting a crime in his presence.

26

19-606
Calling for Assistance

Any person making an arrest may orrally summon as many persons as he deems necessary to aid him therein.

27

19-607
Warrants to be Served

Felony warrant can be served day or night. Misdemeanor arrests will not be made in the person's residence between 0800-2000 hours, unless the warrant specifies or where consent was given to enter the residence by a person with real or apparent authority.

28

19-608
Notification of Arrest

The person making the arrest must tinform the person to be arrested of the intention to arrest him, the cause of the arrest, and the authority to make the arrest.

29

19-609
Warrants must be read

If the person making the arrest is acting under the authority of a warrant, he must show (read) the warrant.

30

19-610
Use of Force

When the arrest is being made by an officer... the officer may use all reasonable and necessary means to effect the arrest and will be justified in using deadly force under 18-4011

31

19-611
Entering house for felony arrest

To make a felony arrest a peace officer may break open the door or window of the house in which the person is or believed to be, after having demanded admittance and explained the purpose for which admittance is desired.

31

19-615
Take Offender to Judge

When an arrest is made without a warrant by a peace officer the person must be taken without unnecessary delay, be taken before the nearest magistrate.

33

19-617

Telegraphic warrants (NCIC) will be returned to the office which they were sent from.

33

19-616
Telegraphic Warrants

Telegraphic warrants (NCIC) should be treated just like a normal warrant.

35

19-705
Fresh Pursuit Defined

Pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony, or supposed felony.

36

19-805

Magistrate can admit him to bail or discharge him from custody upon the deposit of money (bond).

37

49-1405

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