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H0466................................by JUDICIARY, RULES AND ADMINISTRATION
MISDEMEANOR - ARRESTS - Amends existing law to provide that an arrest for a
misdemeanor cannot be made inside a person's residence between 8:00pm and
8:00am unless upon the direction of the magistrate endorsed upon the
warrant.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 466
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-607, IDAHO CODE, TO PRO-
3 VIDE THAT AN ARREST FOR A MISDEMEANOR CANNOT BE MADE INSIDE A PERSON'S
4 RESIDENCE BETWEEN EIGHT P.M. AND EIGHT A.M. UNLESS UPON THE DIRECTION OF
5 THE MAGISTRATE ENDORSED UPON THE WARRANT AND TO MAKE A TECHNICAL CORREC-
6 TION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-607, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-607. WHEN ARREST MAY BE MADE. If the offense charged is a felony, the
11 arrest may be made on any day, and at any time of the day or night. If it is a
12 misdemeanor the arrest can not cannot be made at night inside a person's resi-
13 dence between 8:00 p.m. and 8:00 a.m., unless upon the direction of the magis-
14 trate, endorsed upon the warrant.
STATEMENT OF PURPOSE
RS11579
When a magistrate issues an arrest warrant in a misdemeanor
case, the magistrate must endorse on the warrant whether or not
the arrest can be made at night. If a magistrate issues a
“daytime only” warrant, under current law a person may not be
arrested at night at all. This law has been on the books since
1864 and appears to have been designed to prevent officers from
entering a persons residence to serve a misdemeanor arrest warrant
in the nighttime. In the modern era, it is routine for police
officers to pull people over in cars who have warrants for their
arrest that are listed as “daytime only.” Similarly, people are
contacted in bars, or on the street who have “daytime only” warrants.
In these circumstances, the police are forced to let individuals
with warrants for their arrest go.
This bill is designed to clarify that when an officer comes in
contact with a person in a public setting, such person can be
arrested irrespective of whether or not the warrant is “daytime
only.” The bill also clarifies that a person may not be arrested
in his residence between the hours of 8:00 p.m. and 8:00 a.m.
under a misdemeanor warrant.
FISCAL IMPACT
None.
CONTACT: Idaho Sheriff’s Association, Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 466