Public-domain · open source
OpenJurist

Idaho Code § 49-1405

Arrests for serious offenses

Applied in 2 court decisions — leading case 53 Cal. 3d 753 - Mercer v. Department of Motor Vehicles (1991)

Most recently applied in 58 F. App'x 249 - United States v. Cline (January 2003)

I.C., 49-576.2.2, as added by 1955, ch. 84, § 33, p. 156; am. 1986, ch. 208, § 3, p. 531; am. and redesig. 1988, ch. 265, § 341, p. 549; am. 1997, ch. 70, § 1, p. 145; am. 2001,…

(1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses: Negligent homicide.

(2) Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage.

(3) Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle.

(4) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries.

(5) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or vessel or to fixtures or other property legally upon or adjacent to a highway or waterway.

(6) Reckless driving.

(7) Fleeing or attempting to elude a peace officer.

(8) Whenever any person is arrested as authorized in this section, he shall be taken without unnecessary delay before the proper magistrate as provided by law, except that in the case of either of the offenses designated in paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the same discretion as is provided by law.

(9) As used in this section, the term “vessel” shall be as defined in section 67-7003, Idaho Code.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.