Idaho Code
Idaho Code

Idaho Code § 19-4403 (2026)

Affidavit of probable cause. 

✓ current as of May 2026
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Affidavit of probable cause. 

A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.

Notes of Decisions
Cited in 11 cases, 1954–2018 · leading case: State v. Lang, 672 P.2d 561 (Idaho 1983).
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State v. Lang, 672 P.2d 561 (Idaho 1983). · cites it 4× “' I.C. §§ 19-4403, 4404, 4405 and 4406 govern search warrants and provide: `19-4403.”
State v. Nunez, 67 P.3d 831 (Idaho 2003). · cites it 6× “" I.C. § 19-4403. [3] "In lieu of a written affidavit, the magistrate may take an oral statement under oath which shall be recorded and transcribed.”
State v. Oropeza, 545 P.2d 475 (Idaho 1976). · cites it 4× “[2] See I.C. §§ 19-4403 and 19-4405; State v. Constanzo, 76 Idaho 19 , 276 P.”
State v. Badger, 525 P.2d 363 (Idaho 1974). · cites it 8× “" Badger argues that the rule contravenes article 1, section 17 of the Idaho Constitution and I.C. § 19-4403. Article 1, section 17 of the Constitution provides: "Unreasonable searches and seizures prohibited.”
State v. Slater, 994 P.2d 625 (Idaho Ct. App. 1999). · cites it 4× “THE SECOND SEARCH WARRANT WAS VALID BECAUSE GUNDERSON SWORE UNDER OATH THAT THE SIGNATURES ON THE AFFIDAVIT WERE HIS AND THE WRITTEN STATEMENTS WERE TRUE Slater argues that the second search warrant was invalid because it was not supported by a proper affidavit, sworn to and…”
Struve v. Wilcox, 579 P.2d 1188 (Idaho 1978). · cites it 4× “I.C. §§ 19-4403, 4404, 4405 and 4406 govern search warrants and provide 19-4403.”
State v. Zielinski, 805 P.2d 1240 (Idaho 1991). · cites it 2× “41(c) contains these requirements: A warrant shall issue only on an affidavit or affidavits sworn to before a district judge or magistrate or by testimony under oath and recorded and establishing the grounds for issuing a warrant____ Before ruling on a request for a warrant the…”
State v. Constanzo, 276 P.2d 959 (Idaho 1954). · cites it 2× “Section 19-4403, I.C. “ * * * the search warrant must conform strictly to the constitutional and statutory provisions providing for its issuance.”
State v. Luis Adame Juarez, 356 P.3d 384 (Idaho 2015). · cites it 2× “IV; see also I.C. § 19-4403. The Fourth Amendment and Article 1 section 17 of the Idaho constitution mandate that no warrant shall be issued for a search or arrest except upon a showing of probable cause.”
Hensley v. State, 430 P.3d 896 (Idaho Ct. App. 2018). · cites it 8× “41(c) (or I.C. §§ 19-4403, -4404) that the affidavit be physically signed in the presence of the judge issuing the warrant.”
Hensley v. State (Idaho Ct. App. 2018). · cites it 8× “41(c) (or I.C. §§ 19-4403, -4404) that the affidavit be physically signed in the presence of the judge issuing the warrant.”
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