TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 22

SHERIFF

31-2202.  Duties of sheriff. The policy of the state of Idaho is that the primary duty of enforcing all penal provisions and statutes of the state is vested with the sheriff of each county as provided in section 31-2227, Idaho Code. The sheriff shall perform the following:

(1)  Preserve the peace.

(2)  Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense, unless otherwise provided by law.

(3)  Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to his knowledge.

(4)  Attend all courts, including magistrate’s division of the district court when ordered by a district judge, at their respective terms held within his county and obey the lawful orders and directions of the courts.

(5)  Command the aid of as many inhabitants of the county as he may think necessary in the execution of these duties.

(6)  Take charge of and keep the county jail and the prisoners therein.

(7)  Indorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time of reception.

(8)  Serve all process and notices in the manner prescribed by law.

(9)  Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay.

(10) Perform such other duties as are required of him by law.

(11) Keep a record of all stolen cars reported within his county, which record shall contain the name of the motor vehicle, the engine number thereof, a complete description of such vehicle and such other information as may aid in the identification of the stolen car. Such record shall be open to public inspection during office hours, and immediately upon receiving a report of a stolen car the sheriff shall prepare and forward a copy thereof to the director of the Idaho state police and he shall also notify the director of the Idaho state police of any and all cars recovered.

(12) At the specific request of the governor or his designated agent, prevent the unauthorized importation of wild omnivores or carnivores capable of causing injury to people or their property.

(13) Work in his county with the Idaho state police in the following respects:

(a)  Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety of others;

(b)  Safeguard and protect the surface and other physical portions of the state highways;

(c)  Enforce all of the laws of the state enacted for the identification, inspection and transportation of livestock and all laws of the state designed to prevent the theft of livestock;

(d)  Regulate traffic on all highways and roads in the state with the authority to temporarily close or restrict the use of any highway or road whenever the closure or restriction of use is deemed necessary for the safety of the public; and respond to calls following wrecks and make investigations relative thereto;

(e)  Use whatever force is necessary to protect the public from wild or domestic omnivores or carnivores in a manner that is consistent with 50 C.F.R. section 17.84(i).

(14) Work in his county with the Idaho transportation department to give examinations for and sell drivers’ licenses and identification cards.

(15) Expeditiously and promptly investigate all cases involving missing children when such cases are reported to him.

History:

[(31-2202) 1863, p. 475, secs. 3-6; R.S., secs. 1871, 1888; am. and reen. R.C. & C.L., sec. 2024; C.S., sec. 3596; am. 1921, ch. 254, sec. 1, p. 546; I.C.A., sec. 30-1702; am. 1943, ch. 147, sec. 1, p. 293; am. 1951, ch. 183, sec. 18, p. 383; am. 1970, ch. 120, sec. 9, p. 284; am. 1985, ch. 149, sec. 1, p. 399; am. 1986, ch. 290, sec. 1, p. 732; am. 1989, ch. 14, sec. 1, p. 15; am. 1989, ch. 88, sec. 66, p. 207; am. 1998, ch. 110, sec. 2, p. 379; am. 2000, ch. 331, sec. 1, p. 1110; am. 2000, ch. 469, sec. 78, p. 1524; am. 2008, ch. 27, sec. 7, p. 45; am. 2024, ch. 254, sec. 1, p. 893.]