Complaint or citation.
All proceedings and actions before the magistrates division of the district court for a public offense of which such court has jurisdiction, must be commenced by complaint setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. A complaint for a misdemeanor must be sworn to before a magistrate or judge. A complaint for an infraction may be an unsworn complaint signed by a law enforcement officer. Provided, however, as to any misdemeanor or infraction triable by a magistrate, a law enforcement officer may, in lieu of making a written complaint, issue to the defendant a uniform citation containing a complaint and a summons to appear in a form and in the manner prescribed by rule of the supreme court. The complaint in the uniform citation shall contain a certification by the law enforcement officer to the effect that he certifies that he has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall be served upon the defendant by obtaining his written promise to appear in court at a time certain or by physically delivering the citation to the defendant. The citation shall be processed in the courts as prescribed by rule of the supreme court. If the defendant fails to appear on a misdemeanor citation at the time indicated in the summons, the defendant may be prosecuted for the misdemeanor offense of failure to appear under section 19-3901A, Idaho Code.
Notes of Decisions
Cited in
14
cases, 1959–2004 · leading case:
State v. Lopez, 570 P.2d 259 (Idaho 1977).
State v. Lopez, 570 P.2d 259 (Idaho 1977).
· cites it 12× “I.C. § 19-3901, which this Court made a rule of the Court in Rule 27 of the Rules of the Court for Magistrates Division of the District Court and District Court, provides that criminal proceedings in the magistrates division of the district court "must be commenced by complaint .”
State v. Bennion, 730 P.2d 952 (Idaho 1986).
· cites it 8× “I.C. § 19-3901. Failure to appear can result in the issuance of a warrant for the violator's arrest.”
State v. Owens, 619 P.2d 787 (Idaho 1980).
· cites it 4× “I.C. § 19-3901 provides that the criminal complaint must specify "such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint.”
State v. Missamore, 803 P.2d 528 (Idaho 1990).
· cites it 4× “The statutory law of Idaho for over a hundred years has provided that anyone can go before a magistrate and swear out a complaint, I.C. § 19-3901, and that complaint will result in the named defendant's arrest.”
State v. Simpson, 734 P.2d 669 (Idaho Ct. App. 1987).
· cites it 8× “§ 19-603, he was authorized to issue a citation as provided in I.C. § 19-3901. See also Rule 5, Idaho Misdemeanor Criminal Rules.”
State v. Pruett, 428 P.2d 43 (Idaho 1967).
· cites it 4× “The sufficiency of such a complaint is tested by the requirements of I.C. § 19-3901 and are not subject to the requirements applicable to information or indictments as set forth in I.”
State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998).
· cites it 2× “Idaho Code § 49-1409 provides: “Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shad issue a citation as provided by section 19-3901, Idaho Code, and by…”
State v. Griffith, 539 P.2d 604 (Idaho 1975).
· cites it 2× “4 The sufficiency of the instant complaint, which was filed on December 18, 1970, was to be tested by the requirements of I.C. § 19-3901, 5 which states: “Complaint.”
State v. Moore, 727 P.2d 1282 (Idaho Ct. App. 1986).
· cites it 2× “— A police officer at the scene of a traffic accident may issue a written traffic citation, as provided by section 19-3901, Idaho Code, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to…”
State v. Henry, 359 P.2d 514 (Idaho 1961).
· cites it 4× “§§ 19-1409, 19-1410, and 19-1411 are in conflict with the standard of pleading of I.C. § 19-3901. The first three apply to indictments and informations before the district court, whereas the last statute is applicable to criminal complaints in probate courts, justice of the…”
State v. Parker, 336 P.2d 318 (Idaho 1959).
· cites it 2× “This was a sufficient compliance with the statute, I.C. § 19-3901, which requires that: “All proceedings and actions before probate and justices’ courts for a public offense of which such courts have jurisdiction, must be commenced by complaint under oath, * * *55 With the…”
In Re Martz, 357 P.2d 940 (Idaho 1960).
· cites it 2× “I.C. § 19-3901. “In cases where no other depositions of witnesses are taken by the magistrate, the criminal complaint serves the dual purpose of commencing the prosecution and serving as a deposition upon which the warrant is issued.”
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