TITLE 19

CRIMINAL PROCEDURE

CHAPTER 6

ARREST, BY WHOM AND HOW MADE

19-603.  When peace officer may arrest. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:

1.  For a public offense committed or attempted in his presence.

2.  When a person arrested has committed a felony, although not in his presence.

3.  When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it.

4.  On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.

5.  At night, when there is reasonable cause to believe that he has committed a felony.

6.  When upon immediate response to a report of a commission of a crime there is probable cause to believe that the person has committed a violation of section 18-901 (assault), 18-903 (battery), 18-918 (domestic violence), 18-7905 (first-degree stalking), 18-7906 (second-degree stalking), 39-6312 (violation of a protection order), 18-920 (violation of a no contact order), or 18-3302I (threatening violence upon school grounds — firearms and other deadly or dangerous weapons), Idaho Code.

7.  When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person arrested has committed such a crime.

History:

[(19-603) Cr. Prac. 1864, secs. 131, 133, p. 229; R.S., R.C., & C.L., sec. 7540; C.S., sec. 8726; I.C.A., sec. 19-603; am. 1979, ch. 307, sec. 1, p. 832; am. 1988, ch. 271, sec. 1, p. 902; am. 1994, ch. 318, sec. 1, p. 1020; am. 1997, ch. 89, sec. 1, p. 214; am. 1997, ch. 314, sec. 4, p. 930; am. 2004, ch. 337, sec. 5, p. 1010; am. 2019, ch. 207, sec. 1, p. 633.]