TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 27

UNIFORM CONTROLLED SUBSTANCES

ARTICLE V

37-2740.  Powers of enforcement personnel. (a) Any peace officer, as defined by this act, may:

(1)  Carry firearms in the performance of his official duties;

(2)  Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;

(3)  Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this act which may constitute a felony or a misdemeanor;

(4)  Make seizures of property pursuant to this act.

(b)  The director of the Idaho state police shall administer the state-level program of Idaho to suppress the unlawful traffic and abuse of controlled substances and shall have the authority to appoint and commission agents to enforce the provisions of this act.

(c)  All duly authorized peace officers while investigating offenses under this act in the performance of their official duties, and any person working under their immediate direction, supervision, or instruction, provided such person shall not deviate from the lawful direction of the peace officer, are immune from prosecution under this act.

History:

[I.C., sec. 37-2740, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 9, p. 261; am. 1974, ch. 27, sec. 80, p. 811; am. 2000, ch. 469, sec. 87, p. 1536.]