TITLE 19

CRIMINAL PROCEDURE

CHAPTER 45

PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE

19-4513.  Arrest prior to requisition. (1) Except in cases arising under section 19-4506, Idaho Code, a judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge or magistrate which may be available in or of convenient access to the place where the arrest may be made, to answer to the charge or complaint and affidavit:

(a)  Whenever any person within this state is charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and has fled from justice, or has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole; or

(b)  Whenever complaint is made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime and has fled from justice, or has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole and is believed to be in this state.

(2)  A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

History:

[19-4513, added 2008, ch. 136, sec. 13, p. 389.]