TITLE 19

CRIMINAL PROCEDURE

CHAPTER 6

ARREST, BY WHOM AND HOW MADE

19-607.  When arrest may be made upon a warrant. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If the offense charged is a misdemeanor, the arrest shall not be made inside a person’s residence between 8:00 p.m. and 8:00 a.m., unless upon the direction of the magistrate, as endorsed upon the warrant, or where consent was given to enter the residence by a person with real or apparent authority.

History:

[(19-607) Cr. Prac. 1864, sec. 124, p. 228; R.S., R.C., & C.L., sec. 7544; C.S., sec. 8730; I.C.A., sec. 19-607; am. 2002, ch. 132, sec. 1, p. 364.]