An arrest is taking a person into custody
Miss punish infract
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.
All offenders liable to punishment
Offenses commenced without the state
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.
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.
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.
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.
Kidnapping is in venue where offense was committed
Bigamy or incest is committed in one county and the defendant is apprehended in another county, the venue is in either county.
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.
The venue of a criminal action for escaping from prison is in any county of the state.
Bringing stolen property into the state - THe venue will be any county into or through which such stolen property has been brought.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Calling for Assistance
Any person making an arrest may orrally summon as many persons as he deems necessary to aid him therein.
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.
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.
Warrants must be read
If the person making the arrest is acting under the authority of a warrant, he must show (read) the warrant.
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
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.
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.
Telegraphic warrants (NCIC) will be returned to the office which they were sent from.
Telegraphic warrants (NCIC) should be treated just like a normal warrant.
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.
Magistrate can admit him to bail or discharge him from custody upon the deposit of money (bond).