Idaho Code
Idaho Code § 19-4411 (2026)
Service of warrant at night.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Service of warrant at night.
The magistrate must insert a direction in the warrant that it be served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.
Notes of Decisions
Cited in 15
cases, 1979–2017 · leading case: State v. Lindner, 592 P.2d 852 (Idaho 1979).
State v. Lindner, 592 P.2d 852 (Idaho 1979). “Appellant’s assignment of error, therefore, is without merit.”
State v. Garza, 735 P.2d 1089 (Idaho Ct. App. 1987). “41(c) for issuing nighttime search warrants controlled over more restrictive provisions of I.C. § 19-4411); State v. Lewis, 107 Idaho 616 , 691 P.”
State v. Holman, 707 P.2d 493 (Idaho Ct. App. 1985). “Holman relies on I.C. § 19-4411, which allows a nighttime search only upon a "positive" showing that the items to be seized are at the place to be searched.”
State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017). “3d 631, 632-34 (2011), noting in a parenthetical that the case involved “a nighttime search was conducted, allegedly in violation of I.C. § 19-4411 and I.C.R. 41(c)” and that this Court held that “suppression was not warranted because no constitutional violation was shown.”
State v. Skurlock, 247 P.3d 631 (Idaho 2011). “I.C. § 19-4411. Similarly, Idaho Criminal Rule 41(c) specifies that search warrants "shall be served in the daytime, unless the issuing authority, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at times other than daytime.”
State v. Lewis, 691 P.2d 1231 (Idaho 1984). “The Lindner Court reviewed the requirements for a nighttime search under both I.C. § 19-4411 and I.C.R. 41(c). The court noted that, while the statute requires “positive” facts showing that the property is in the place to be searched before a warrant for a night search may…”
State v. Fowler, 674 P.2d 432 (Idaho Ct. App. 1983). “] This purportedly created a conflict with I.C. § 19-4411 which provides: “The magistrate must insert a direction in the warrant that it be *10 served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which…”
State v. Kelly, 678 P.2d 60 (Idaho Ct. App. 1984). “Idaho Code § 19-4411 provides that a magistrate must insert a direction in the warrant that it be served in the daytime unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served…”
State v. Leotis B. Branigh, III, 313 P.3d 732 (Idaho Ct. App. 2013). “3d 631, 632-34 (2011) (where a nighttime search was conducted, allegedly in violation of I.C. § 19-4411 and I.C.R. 41(c), which required that search warrants be served in the daytime unless otherwise specifically authorized by the magistrate, suppression was not warranted…”
State v. Wright, 772 P.2d 250 (Idaho Ct. App. 1989). “It provides: A search warrant must be executed and returned to the magistrate who issued it, within ten (10) days after its date; after the expiration of this time the warrant, unless executed, is void.”
Scott v. State, 782 A.2d 862 (Md. 2001). “11, § 2308 (2000) *151 (permitting nighttime warrant issuance only when it is “necessary in order to prevent the escape or removal of the person or thing to be searched for”); Idaho Code § 19-4411 (2000) (requiring judicial approval and reasonable cause for a nighttime search,…”
State v. Two Jinn, Inc., 228 P.3d 387 (Idaho Ct. App. 2010). “41 would control to the exclusion of I.C. § 19-4411.” Lindner, 100 Idaho at 42 n.”
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