Idaho Code
Idaho Code

Idaho Code § 19-108 (2026)

Self-incriminating evidence — Restraint of person. 

✓ current as of May 2026
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Self-incriminating evidence — Restraint of person. 

No person can be compelled in a criminal action to be a witness against himself, nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.

Notes of Decisions
Cited in 6 cases, 1967–2018 · leading case: State v. Williams, 411 P.3d 1186 (Idaho Ct. App. 2018).
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State v. Williams, 411 P.3d 1186 (Idaho Ct. App. 2018). · cites it 6× “Motion to be Free of Shackles During Pretrial Proceedings Next, Williams argues the restraints he was required to wear during pretrial proceedings violated both his Fifth and Fourteenth Amendment rights to a fair trial and his statutory right to be free from pretrial punishment…”
State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997). · cites it 4× “Idaho Code Section 19-108 expressly prohibits "any more restraint than is necessary" in order to detain the defendant to answer his or her charges.”
State v. Dunn, 434 P.2d 88 (Idaho 1967). · cites it 4× “§ 9-1302; I.C. § 19-108; State v. Martinez, supra; State v.”
State v. Crawford, 577 P.2d 1135 (Idaho 1978). · cites it 2× “Indeed, I.C. § 19-108 expressly prohibits “any more restraint than is necessary for his detention to answer the charge.”
State v. Doe (13-14), 333 P.3d 858 (Idaho Ct. App. 2014). · cites it 4× “The State disagrees, arguing that the concerns attending the use of restraints in adult jury trials do not apply to Doe’s pretrial conference, or any juvenile proceedings, because a jury was not, and is never, utilized in juvenile proceedings.”
State v. Kent Glen Williams (Idaho Ct. App. 2018). · cites it 6× “Motion to be Free of Shackles During Pretrial Proceedings Next, Williams argues the restraints he was required to wear during pretrial proceedings violated both his Fifth and Fourteenth Amendment rights to a fair trial and his statutory right to be free from pretrial punishment…”
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