Idaho Code
Idaho Code § 19-4401 (2026)
Search warrant defined.
✓ current as of May 2026
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Search warrant defined.
A search warrant is an order in writing, in the name of the state of Idaho, signed by a magistrate, judge or justice directed to an officer or officers named therein, or other officer authorized by law to execute search warrants directing the officer to search for and seize property or intangibles.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1979–2021 · leading case: State v. Mathews, 934 P.2d 931 (Idaho 1997).
State v. Mathews, 934 P.2d 931 (Idaho 1997). “Idaho Code §§ 19-4401 , -4406, and -4407 were adopted in 1864.”
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). “Mathews, 129 Idaho at 868–69, 934 P.2d at 934–35. Green extracts the following quotes from Mathews to support her claims: “[t]his Court from its earliest interpretation of Article I, § 17 of the Idaho Constitution, has held that the right afforded individuals to protection of…”
State v. Card, 45 P.3d 838 (Idaho 2002). “This protection is supplemented by Idaho’s statutory scheme governing search warrants, codified in I.C. §§ 19-4401 — 4420 and by Idaho Criminal Rule 41.”
State v. Slater, 994 P.2d 625 (Idaho Ct. App. 1999). “Idaho Code §§ 19-4401 - 4420 provides no further requirements.”
State v. Kellogg, 600 P.2d 787 (Idaho 1979). “Moreover, the search warrant satisfies all the legal requisites set forth in I.C. § 19-4401, et seq., and I.C.R. 41. Cf.”
Tuinstra v. Bonner Cnty. (D. Idaho 2021). “Compare Idaho Code § 19-4401 ; with Idaho State Tax Comm’n, Collection Compliance Manual 41 (2020).”
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