Idaho Code
Idaho Code

Idaho Code § 18-6705 (2026)

Prohibition of use as evidence of intercepted wire, electronic or oral communications. 

✓ current as of May 2026
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Prohibition of use as evidence of intercepted wire, electronic or oral communications. 

Whenever any wire, electronic or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter.

Notes of Decisions
Cited in 6 cases, 1982–2008 · leading case: State v. Hensley, 187 P.3d 1227 (Idaho 2008).
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State v. Hensley, 187 P.3d 1227 (Idaho 2008). · cites it 4× “I.C. § 18-6705. Hensley appeals to this Court, contending that (1) the trial court erred by granting the State’s motion to exclude the recorded conversation, (2) Hensley did not violate the I.”
Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998). · cites it 2× “I.C. § 18-6705. I. BACKGROUND In July 1993, Robert Howard (Robert), a deputy for the Bonner County Sheriffs Department borrowed a radio scanner from work.”
State v. Couch, 646 P.2d 447 (Idaho Ct. App. 1982). · cites it 4× “Appellant urges us to find that the officer violated I.C. § 18-6705 when he recorded the telephone conversation between the appellant and himself.”
State v. Kluss, 867 P.2d 247 (Idaho Ct. App. 1993). · cites it 2× “In I.C. § 18-6705, for example, the legislature explicitly prohibited the use of evidence directly or indirectly obtained through unauthorized interception of wire or oral communications in violation of Chapter 67 of Title 18, Idaho Code, entitled "Communications Security” (1980…”
State v. Brown, 745 P.2d 1101 (Idaho Ct. App. 1987). · cites it 2× “See I.C. § 18-6705. Appellants press four claims under the statute.”
State v. Martin, 745 P.2d 1082 (Idaho Ct. App. 1987). · cites it 2× “Idaho Code § 18-6705 provides that no part of any intercepted communications may be received in evidence "if the disclosure of that information would be in violation of this chapter.”
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