Idaho Code
Idaho Code § 18-701 (2026)
Refusal of officer to make arrest.
✓ current as of May 2026
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Refusal of officer to make arrest.
Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with criminal offense, is punishable by fine not exceeding $5,000, and imprisonment in the county jail not exceeding one (1) year.
Notes of Decisions
Cited in 2
cases, 1959–2020 · leading case: Monson v. Boyd, 348 P.2d 93 (Idaho 1959).
Monson v. Boyd, 348 P.2d 93 (Idaho 1959). “Such construction is supported by I.C. § 18-701: “Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with criminal offense, is punishable by fine not exceeding $5,000, and imprisonment in the…”
Baumgartner v. State of Idaho (D. Idaho 2020). “Claim 1(b) alleges that, in securing the search warrant, a detective violated Idaho Code §§ 18-701 and 18-703.1 Dkt. 1 at 2.”
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