Idaho Code
Idaho Code § 18-703 (2026)
Illegal arrests and seizures.
✓ current as of May 2026
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Illegal arrests and seizures.
Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor.
Notes of Decisions
Cited in 1
case, 1973–1973 · leading case: State v. Richardson, 511 P.2d 263 (Idaho 1973).
State v. Richardson, 511 P.2d 263 (Idaho 1973). “Regardless of whether the arrest is illegal under the circumstances of the occasion, we hold that an individual may not use force to resist an arrest by one he knows or has good reason to believe is an authorized peace officer in the performance of his duties.”
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